Age fails to save retired cop, 71, from prison

MANILA, Philippines — Advanced age could not save a convicted grafter from serving his jail sentence, the Sandiganbayan stressed in its recent ruling denying the bid for hospital or house arrest of a 71-year-old retired police officer found guilty of corruption in 2009.

In a resolution promulgated on Nov. 19, the anti-graft court’s Fifth Division found as “unmeritorious” the “urgent petition” of retired Sr. Supt. Salvador Duran Sr. that he be placed under house or hospital arrest and that his jail sentence be reduced from 10 years to just six months to six years, citing old age and deteriorating health condition.

“Significantly, there exists no law or rule which authorizes the service of sentence of imprisonment of a convict by final judgement by hospital/house confinement, more popularly referred to as ‘hospital arrest’ or ‘house arrest,’” the ruling penned by division chairman Associate Justice Rafael Lagos read.

It was on Jan. 19, 2009 when the Sandiganbayan found Duran, retired police superintendents Van Luspo and Arturo Montano as well as private defendant Margarita Tugaoen, guilty of graft in connection with the ghost purchase of P10 million worth of “combat, clothing and individual equipment” for police personnel in 1992.

The court said the prosecution’s evidence was able to prove that the supply contracts were irregularly awarded to four different suppliers all owned by Tugaoen and that the purchased items were never delivered.

Former Philippine National Police (PNP) chief director general Cesar Nazareno, the primary accused in the case, died in 2007 before the trial ended.

Former PNP director for comptrollership Guillermo Domondon, on the other hand, was acquitted for lack of evidence.

The Supreme Court (SC) affirmed the conviction of Duran, Montano and Tugaoen in 2011 and the conviction became “final and executory” on June 29, 2015, while the conviction of Luspo was reversed and set aside.

Duran was arrested by agents of the National Bureau of Investigation at his residence last Oct. 15, though he claimed in his motion that he voluntarily surrendered.

In his Ex-Parte Urgent Petition for Hospital/House Confinement filed last Oct. 26, Duran invoked the Fifth Division’s “humanitarian consideration,” saying that with his deteriorating health condition aggravated by his advanced age, incarceration would be “dangerous” and might even cause him his life.