THE Sandiganbayan has denied a motion from former municipal officials of Hinabangan, Western Samar, to reopen and restart the reception of evidence in a graft case concerning the unlawful purchase of a lot in 2008 for the expansion of a public cemetery.
Appellants former mayor Alejandro Abarratigue, former municipal treasurer Raul Tapia, and administrative officer Analiza Bagro were already convicted of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) on November 8, 2019 but sought the reopening of the trial, citing new change in circumstances that might warrant a reversal.
They said the transfer of the title of the lot under the name of Hinabangan and the construction of cemetery boxes constitute supervening events with which they hoped to convince the court to vacate its five-year-old decision.
In the assailed decision, the court held that they caused undue injury to the municipal government by using P500,000 from local government funds to pay for the lot purchase when the transaction did not have the required approval of the Sangguniang Bayan through a resolution.
The three accused are facing imprisonment for six to ten years with perpetual disqualification from holding public office.
In its resolution dated February 28, 2025, the anti-graft court’s Third Division held that the decision convicting all three defendants had already attained finality after the Supreme Court’s Entry of Judgment on October 7, 2024.
Even if reopening of the case were allowed, the Sandiganbayan said the supervening events cited by the defense are invalid grounds for restarting proceedings.
“The transfer of the title and the construction of the cemetery boxes were never issues in the original case or on appeal. Thus, the subsequent transfer of the title into the name of the Municipality and the construction of the cemetery boxes do not change anything about the case,” the court added.
