THE Sandiganbayan Second Division convicted former Pastrana, Leyte municipal mayor Ernesto Martillo and seven other former town officials for violating provisions of the government auditing code.
The defendants pleaded guilty to the criminal offense of violation of the Government Auditing Code of the Philippines (Presidential Decree No. 1445) against unlawful pecuniary interest in a government transaction.
This was in lieu of facing prosecution for one count of graft, which bears a penalty of six to 10 years imprisonment in case of conviction.
In a resolution dated February 26 in Tacloban City during an out-of-town hearing, the anti-graft court ordered the accused local government officials to pay fines of P1,000 each with no jail terms.
The court earlier approved a plea bargaining agreement struck between the defense and the prosecution after the defendants paid the sum of P195,360 to the municipal government of Pastrana, Leyte representing “unwarranted benefit, advantage, and preference” given to a local resort/hotel when it was picked as venue for the municipality’s two-day orientation program held on June 15 and 16, 2014.
The court also noted that Ombudsman Samuel Martires approved the plea bargain deal.
Aside from the former mayor, also convicted were former municipal accountant Eraño Calumag, treasurer Rodolfo Sapra, civil registrar Gina Victoria Cayaco, sanitation inspector Nestor Balaga, revenue collection officer Rogelio Gerilla Jr., and engineering assistant Juvilla Sy.
They were named by the prosecution as having participated in the procurement of the venue by way of a negotiated contract rather than through a competitive public bidding.
During sentencing, the court noted the presence of the incumbent mayor of Pastrana, who accepted the terms of the plea bargain deal on behalf of the municipal government.
