The Sandiganbayan has acquitted reelected Mayor Natividad Magbalon of Milagros, Masbate, due to the failure of the prosecution to prove her guilt in a case involving the allegedly irregular removal of a municipal employee in 2013.
The anti-graft court’s Fifth Division cleared Magbalon of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or gross negligence.
The complaint alleged that Magbalon placed the then-municipal social welfare and development office chief, Diosdidita Arcenas, on a floating status thus depriving her of monthly representation and transportation allowance (RATA) worth P8,160.
Magbalon appointed a certain Ruth Sia to replace Arcenas.
The accusations against Arcenas that she participated in partisan political activities of a certain Luz Bakunawa without giving any explanation was a justifiable reason for the removal, the Sandiganbayan said.
It added that Arcenas’ failure to refute her role in the campaign of Bakunawa made the anti-court to decide in favor of Magbalon.
The court said Magbalon’s decision, including the interim appointment of Sia, was “well within her powers as the local chief executive.”
“Besides, engaging directly or indirectly in partisan political activities by one holding a non-political office is proscribed by the law. It is a fundamental aphorism in law that no officer or employee in the Civil Service shall engage in any partisan political activity,” it said.
The court also found that the suspension of Arecenas’ RATA was caused by her relief from the MSWDO.
It added that Arcenas should have also raised the issue with the Civil Service Commission.
Thus, the Sandiganbayan said, Magbalon did not commit gross negligence and did not show bias in favor of Sia, because the latter was the next-in-rank to Arcenas.
The mayor’s action was done in good faith, the court said.
Associate Justice Maria Theresa Mendoza-Arcega wrote the decision, while Associate Justices Rafael Lagos and Maryann Corpus-Manalac concurred.
