THE Sandiganbayan has denied a request by a 63-year-old detainee to be transferred to another holding facility on health reasons, noting that the motion was not backed by any evidence that the need is urgent in nature.
In its resolution issued January 16, 2024, the Sixth Division held that accused-movant Joselito Alega failed to establish that the Quezon District Jail where he will be taken is unsuitable or that his health condition is at risk.
Alega, former municipal mayor of San Francisco, Quezon was convicted of unlawful appointment on February 29, 2023 based on findings that he appointed a person to the post of municipal administrator despite lack of eligibility in violation of Section 480 of the Local Government Code.
However, he was acquitted of a separate graft charge based on the same questioned appointment.
Since the violation of the Local Government Code was a minor offense, he was sentenced to serve time in jail for only one month and one day in addition to a fine of P1,000.
However, the accused surrendered to the PNP Criminal Investigation and Detection Group (CIDG) only last January 3 after learning that an arrest warrant has been issued against him.
He was detained at a holding cell in Camp Crame until the Sandiganbayan issued a resolution dated January 8, 2024 ordering that he be committed to the Quezon District Jail.
The court explained that under the Bureau of Jail Management and Penology (BJMP) Comprehensive Operations Manual, the accused is classified as a municipal prisoner hence should be delivered to a municipal or district jail.
On Alega’s claim that he has diabetes, hypertension, and has been advised by his physician to ensure round-the-clock medical supervision after suffering two mild strokes, the court held that there is no basis to grant the motion.
“Aside from his bare allegations of his medical condition, there is nothing in his Omnibus Motion that would show that he needs constant or urgent medical attention. Furthermore, he did not show that there are no hospitals capable of addressing his medical needs near the Quezon District Jail,” the court pointed out.
However, it assured the former mayor that if he needs medical examination or treatment for a specific health concern, he will be allowed out of detention provided a proper motion is filed.
