THE Sandiganbayan on Friday upheld its previous decision to clear Taguig City Mayor Lani Cayetano and her city administrator of a criminal offense for allegedly preventing the conduct of the city council’s maiden session in 2010.
In a five-page resolution, Associate Justice Efren de la Cruz of the anti-graft court’s First Division maintained the prosecution in its motion for reconsideration failed to present new argument or evidence to warrant the reversal of the court’s December 20015 decision.
“The motion [for reconsideration] is devoid of merit. The Court finds no compelling reasons to reverse or set aside the questioned resolution on the absence of probable cause for the issuance of warrants of arrest against the accused,” the resolution read.
“Then and now, the prosecution does not dispute the existence of the Aug. 13, 2010 letter, complaints’ receipt of the Aug. 16, 2010, the findings of the Bureau of Fire and Protection that the city hall was a fire hazard, and the preparation of a room at the city auditorium with amenities where the Sangguniang Panglungsod would conduct its session.”
In a December 2015 resolution, the Sandiganbayan dismissed the case against Cayetano and city administrator Jose Montales, citing the failure of the prosecution to present new evidence that the duo violated Article 143 of the Revised Penal Code.
Article 143 states that any acts tending to prevent the meetings of the Assembly and similar bodies is punishable by a penalty of prision mayor and a fine not exceeding P10,000.
“The penalty of reclusion temporal and a fine of P20,000 shall be imposed in case of a second conviction,” the law stipulates.
In October 2015, the Office of the Ombudsman filed charges against Cayetano and Montales for their alleged unlawful effort to block then Vice Mayor George Elias and the city councilors to hold their first assembly on Aug. 16, 2010 by padlocking the city’s session hall.
The anti-graft court said the mayor and the city administrator sent the vice mayor’s office and the city council a notice on Aug. 13, 2010 informing them of the session hall’s renovation, or three days before their first session meeting.
‘… and most of all, the Sangguniang Panglungsod was able to conduct its session on Aug. 16, 2010 at the corridor of the city hall without any intervention from the accused… It is clear to the court that the accused did not commit any act that may be construed as prevention of the meeting of the Sangguniang Panglungsod,” it said.