A COMPROMISE agreement and an affidavit of desistance from a private complainant proved insufficient to secure the acquittal of seven municipal officials of Hilongos, Leyte on a graft charge.
In a resolution dated April 20, 2023, the Sandiganbayan denied the motion for reconsideration filed by former Sangguniang Bayan member Edwin Faller where he sought reversal of the anti-graft court’s January 24, 2023 decision sentencing each of them to six to ten years imprisonment.
The graft case stemmed from a complaint filed by Trinidad Cabardo whose appointment as replacement member in the Sanggunian Bayan in 1999 was blocked by the defendants.
Cabardo was nominated for the post by then Leyte governor Remedios Petilla in accordance with the provisions of RA 7160 or the Local Government Code of 1991. She was supposed to replace a former SB member who vacated the seat to accept a medical post with the Department of Health.
Despite producing documentary proof that she had the backing of the Lakas Party, former Vice Mayor Panfilo Go, as presiding officer, and SB members Faller, Lamberto Rainier Flanco, Manuel Gabisan, Epifania Nerves, Lilia Sabando, and Rogelio Yan refused to acknowledge her appointment.
The Sandiganbayan held that such refusal based on Cabardo’s previous political affiliation, ignoring evidence to the contrary, amounted to evident bad faith.
In his appeal, Faller argued that the case should have been thrown out from the start since the complainant herself executed an affidavit of desistance and refused to testify.
