CEBU, Philippines - The Regional Trial Court has upheld an earlier first level court decision that ordered the Election Registration Board to exclude former Compostela Mayor Gilbert Wagas from the permanent list of voters in his town, thereby making him ineligible to run for Congress because of his conviction for malversation of public funds.
RTC Branch 55 Judge Ulric Cañete in Mandaue City upheld Municipal Circuit Trial Court Judge Jasper Jesse Dacanay’s December 11, 2009 decision that disqualified Wagas to vote in Precinct 15-A of the municipality of Compostela.
Dacanay likewise ordered the ERB to remove Wagas’ name from the list of permanent voters and place him in the inactive file.
Wagas assailed Dacanay’s order by making an appeal before the RTC in Mandaue City claiming that his conviction is not yet final.
However, Cañete found no “reversible error committed by the lower court.”
“The instant appeal is ordered dismissed for lack of legal and factual basis,” the court ruled.
According to Cañete, the best evidence of the finality of Wagas’ conviction is the entry of judgment rendered by the Supreme Court on September 16, 2002 which meted him the penalty of reclusion perpetua or 40 years imprisonment.
Former Compostela officer in-charge treasurer Dominador Maravillas Jr., together with Wagas, suffered the same penalty.
Dacanay’s ruling which was affirmed by Cañete stated that, “Based on the evidence presented, the court hereby finds that the conviction of respondent Gilbert Wagas has become final and executory on October 23, 2002 as evidenced by the Entry of Judgment issued by the clerk of court, third division.”
According to Dacanay, since Wagas’ conviction has already been docketed in the Book of Judgments, the respondent is disqualified from registering as a voter as provided under Section 11 of the Republic Act 8189, also known as the Voter’s Registration Act of 1996.
The law prohibits from registering “any person who has been sentenced by final judgment to suffer imprisonment of not less than one year, such disability not having been removed by plenary pardon or amnesty.”
Any person disqualified to vote under this law shall automatically reacquire the right to vote five years after completing one’s sentence.
Last November 4, Wagas was arrested by agents of the National Bureau of Investigation-7 inside SM City Cebu based on a bench warrant issued by the Sandiganbayan fourth division.
On Oct. 8, 2001, Associate Justice Rodolfo Palattao of the Sandiganbayan’s fourth division found Wagas and Maravillas guilty of misappropriating P376,618.65. The penalty carries with it perpetual disqualification from holding public office. — Fred P. Languido/MEEV (FREEMAN NEWS)