Court convicts ex-mayor of graft
Credit to Author: MA. REINA LEANNE TOLENTINO, TMT| Date: Wed, 02 Jan 2019 16:52:57 +0000
The Sandiganbayan Sixth Division convicted former Naga (Zamboanga Sibugay) mayor Gemma Adana of graft for allegedly allowing the payment of financial assistance to her husband and sister in amounts higher than those given to other typhoon victims similarly situated.
The Office of the Sangguniang Bayan of Naga approved a resolution in October 2007 appropriating P240,000 from its calamity fund as financial assistance to the victims of Typhoon “Bebing,” which hit the town in September 2007.
The Ombudsman filed the case in 2012, alleging that Adana allowed payment of “P45,000 and P40,000 respectively to her husband Edgar and her sister Emma Aranas as cash assistance when the maximum amount given to other typhoon victims who suffered the same economic damage was only P10,000.”
According to the decision, the typhoon destroyed mostly fish dryers owned by residents of coastal villages such as Barangay Taytay Manubo.
In its decision, the court sentenced Adana to six years and a month up to eight years in prison with perpetual disqualification from holding public office.
It said her act was “clear proof of evident bad faith and manifest partiality in the exercise of her position as the highest ranking public official in the municipality. This resulted in unwarranted benefit, advantage or preference given to her husband and sister.”
The Sandiganbayan later dismissed the case as to the other individual who was charged along with Adana, because of the former’s death.
According to the decision, prosecution witness Ryan Tan, who, along with his father, was among those listed on the master list of calamity victims from Barangay Taytay Manubo, were collectively assessed with P80,000 worth of damage similar to Edgar Adana and Aranas, but they only received P10,000 financial assistance.
The court said that a copy of the master list showed that other calamity victims like Nestor Tan, Esias Jemalan Jr. and Peter Paul Torres were found to have sustained P60,000 in damages to their fish dryers.
It, however, noted they only received P10,000 each as well.
The court said disbursement vouchers and checks for P45,000 and P40,000 were signed by the mayor and issued respectively to Edgar Adana and Aranas.
The two confirmed their receipt of the checks issued to them in their separate letters to state auditor Hernando Nono.
“Accused Adana failed to rebut these overwhelming pieces of evidence as she opted not to defend herself on the witness stand,” the court said.
Adana said in her memorandum that the prosecution failed to prove her participation in the preparation of the calamity victim master list and determination of the financial assistance for each calamity victim.
But the court said “[a]ccused Adana is the person ultimately responsible for the approval, release and payment of these amounts to the calamity victims. As the [then-]mayor, her signature is needed before disbursement of public funds can be made. No checks can be prepared, and no payment can be effected without her signature on a disbursement voucher and the corresponding check.”
“Her signatures appeared in the checks received by the beneficiaries. Worse, accused Adana committed these acts despite knowledge that her husband and sister benefited the most in the amount of financial assistance, and that there were other victims similarly damaged or situated as her husband and sister who received much lesser amounts,” it added.
Associate Justice Karl Miranda penned the decision, which was concurred in by Associate Justice Sarah Jane Fernandez, who leads the Sandiganbayan Sixth Division, and by Associate Justice Michael Frederick Musngi.
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