The Sandiganbayan has affirmed the conviction of the vice mayor in Zamboanga del Sur who had his first cousin appointed treasurer of his town.
Vice Mayor Allan Damas of Kumalarang, Zamboanga del Sur was found guilty of having Nellie Poliran Toledo, a fourth degree relative, appointed treasurer of the town when he was still the mayor in 2006.
The anti-graft court’s Sixth Division denied Damas’ motion for reconsideration of the June 22 Sandiganbayan decision that found him guilty of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act.
Damas was charged in connection with his recommendation for the appointment of Toledo. The court found that Toledo is Damas’ relative within the fourth civil degree of consanguinity.
Damas had certified that Toledo is not his relative, but this violates Section 79 of the Local Government Code which prohibits the appointment of persons who are related to the appointing authority within the fourth civil degree of consanguinity, the court said.
The questioned decision said the prosecution was able to prove the family relations of Damas and Toledo, who turned out to be first cousins. It said that Damas’ mother, Agatona Poliran, is the sister of Toledo’s father, Simeon Poliran.
Damas, in his appeal, said the prosecution failed to prove the presumption of bad faith and assailed the documents presented in court against him as “full of discrepancies on names and dates.”
He cited some documents that spelled Simeon’s name as “Semeon,” while the Poliran surname became “Poleran.”
But the anti-graft court said the names still sounded similar and the misspelling is insufficient to warrant the reversal of its ruling against Damas.
“In fine, the prosecution proved beyond reasonable doubt that the accused and Toledo are cousins,” the resolution read.
Meanwhile, the Office of the Ombudsman has reiterated its directive to Secretary Eduardo Año of the Department of Interior and Local Government to enforce the nine-month suspension order on San Ildefonso Mayor Paula Carla Galvez-Tan of Bulacan.
In a new directive served to Año’s office last Aug. 1, Assistant Ombudsman Edna Diño reminded the DILG that the mayor was found liable for simple misconduct in a decision dated April 19 and approved on June 11.
The Ombudsman gave the DILG 30 days to submit a compliance report and certification that the suspension has been duly implemented.
The suspension arose from the complaint filed by Vice Mayor Luis Sarrondo and board members Alexander Galvez, Eriberto Magbitang, Roderick Salvador and Edgardo Vergel accusing the mayor, along with his bodyguards, of breaking into the session hall on Jan. 24, 2017 and interrupted proceedings. The complainants said they were barred from leaving the building unless they passed the municipal government’s budget.
The mayor even allegedly confronted and shouted at Vergel.
Sarrondo filed a manifestation and motion, questioning why the DILG had not yet implemented the suspension order.