MANILA, Philippines — Jesus Rico Sarmiento, the former mayor of Garchitorena town in Camarines Sur has admitted guilt to a criminal case over his use of luxury vehicles of a private contractor with which the municipality had transactions in 2014.
In a decision promulgated on November 10, the Sandiganbayan Seventh Division noted the guilty plea entered by Sarmiento during his arraignment on Oct. 27, 2017 for his case of violation of Section 7 (d) of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
“Accused was fully apprised of the consequences of his plea in open Court...he is deemed to have admitted all the accusations alleged in the [case] information,” the court said adding that Sarmiento was assisted by his lawyer Amador Simando Jr., during his arraignment.
Section 7 (d) of RA 6713 prohibits public officials and employees from soliciting or accepting, directly or indirectly, “any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”
Based on the information of the case filed by the Office of the Ombudsman early this year, Sarmiento, “in the course of his official duties” as mayor, publicly and repeatedly used two luxury vehicles owned by a certain Maria Carmela Fernando of JM Cofer Construction and Supply from January to October 2014."
The ombudsman said JM Cofer Construction and Supply, at that time, has four ongoing projects with the municipal government, thus Sarmiento's act is considered unethical under RA 6713.
Nonetheless, Sarmiento will not serve any jail term for the case. Instead, the Seventh Division only ordered him to pay a fine.
“Having appreciated in his favor the mitigating circumstance of the plea of guilty, accused is imposed the penalty of fine of two thousand pesos (P2,000.00),” the decision penned by division chairman Associate Justice Ma. Theresa Dolores Gomez-Estoesta read.
Associate Justices Lorifel Pahimna and Bayani Jacinto concurred with the ruling.
Under Section 11 of RA 6713, violation of Section 7 (d) of the same law is punishable with imprisonment not exceeding five years, or a fine not exceeding P5,000, or both, still subject to the discretion of the court of competent jurisdiction. The court may also order the accused's disqualification from holding public office.
Sarmiento sought re-election in May 2016 but lost to Nelson Bueza.