THE Sandiganbayan Sixth Division has convicted Limay, Bataan municipal mayor Nelson Canlas David of two counts of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) in relation to an alleged anomalous payment of P10.18 million in August 2000 for a property owned by his sons.
In a 34-page decision issued on Dec. 2, 2024, the anti-graft court said it found sufficient evidence, even if circumstantial, that the mayor acted with evidence bad faith in a transaction that benefited his own children, even if it was proven that he did not sign the deed of absolute sale or disbursement vouchers.
The accused was meted six to 10 years imprisonment for each count of the criminal offense. The court noted that the municipal government headed by David purchased the property in a deal that it found “grossly and manifestly disadvantageous.”
However, in the official Facebook page of the municipality of Limay, it was announced that Mayor David, 76, passed away from heart failure on Nov. 28, 2024, a few days before the court decision was issued.
In its ruling, the court noted that the sons of the defendant acquired the property on Aug. 25, 2000 at the price of P338,151 or around P3.00 per square meter.
“Just two years later, the municipality purchased the property for P40 per sqm or a total of P10,180,300. This contract is clearly grossly and manifestly disadvantageous to the government. The 4,567 percent increase in a span of two years is gross as it is shocking,” the court said.
Associate Justice Karl B. Miranda penned the decision with concurrences from Associate Justices Sarah Jane T. Fernandez and Kevin Narce B. Vivero.
Also convicted on one count of graft was Jocelyn Linao, municipal appraisal committee assessor, who was sentenced to six to 10 years imprisonment with perpetual disqualification to hold public office.
The jacking up of the property’s cost was made possible by reclassifying it from “agricultural/pasture land” into residential land even if the original category was what was written on the tax declaration.
In convicting the mayor, the Sandiganbayan said David was set on buying his sons’ property as the sale would not have pushed through without his personal knowledge.
“What cannot be done directly cannot also be done indirectly. In this case, there was evident bad faith because David deliberately did not sign any document to dissociate himself from the transaction, yet he was ensuring the completion of the same,” the Sandiganbayan said.
