THE Supreme Court has acquitted a former mayor of Cabuyao City, Laguna convicted of graft by the Sandiganbayan three years ago for serving as director of a private development bank when he was still the city’s chief executive.
In acquitting Isidro Lebrilla Hemedes Jr., the SC’s First Division said the Sandiganbayan erred when it held the former liable for the crime when his liability was only administrative in nature.
Hemedes served as mayor of Cabuyao City from 2007 to 2016.
“The Sandiganbayan seriously erred when it held accused-appellant liable for the crime charged when the clear and simple import of Presidential Decree 119 merely specifies those who are qualified or disqualified to hold particular positions in a private development bank. Even if accused-appellant is disqualified from becoming director in Luzon Development Bank (LDB), he remained a stockholder thereof, which is not prohibited in PD 119,” the SC said in a resolution made public last March 21.
Hemedes was charged with alleged violation of Section 3 of RA 3019 which penalizes a public officer from being “a director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.”
According to the complaint filed by one Feliciano Lavina, Hemedes allegedly violated PD 119 as well as the Private Development Banks Act and the General Banking Law of 2000 when he served in the board of the LDB in violation of the s barring appointive or elective official from being an officer of any private bank, like a member of the bank’s board of directors, whether on full or part-time capacity.
Lavina also alleged that Hemedes violated the Code of Conduct and Ethical Standards for Public Officials and Employees.
In his defense, Hemedes said his being a member of the LDB board of directors did not cause prejudice to public service or to Cabuyao City as he served full time as mayor of the city. He added the city government did not have any direct or indirect transaction with LDB.
But the anti-graft court convicted Hemedes and sentenced him to six years and one month to eight years with perpetual disqualification from holding public office.
Hemedes appealed his conviction to the SC which ruled in his favor, saying his liability was not criminal but administrative in nature.
