Ex-Butuan mayor’s graft conviction affirmed

MANILA, Philippines — The Sandiganbayan has affirmed its ruling convicting former Butuan City mayor Ferdinand Amante Jr. of graft for spending P15.49 million in government funds for the shipment of a defective medical equipment from the United States in 2012.

In a resolution promulgated on Jan. 19, the anti-graft court’s Third Division said Amante failed to raise new arguments in his motion for reconsideration to warrant the reversal of an earlier decision finding him guilty of violating Sections 3(e) and 3(g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

In October last year, the Third Division sentenced Amante to six to eight years in prison for each offense, or a total of 12 to 16 years for both offenses.

The court also disqualified Amante from holding public office.

The anti-graft court rejected Amante’s argument that his acquittal was in order based on a decision of the Court of Appeals in a related administrative order, wherein the CA downgraded his offense to simple from grave misconduct as earlier ruled by the Office of the Ombudsman.

The appellate court lowered the administrative penalty imposed by the ombudsman on Amante from perpetual disqualification from  public office to a mere fine equivalent to his one month salary.

The Third Division said a criminal case is separate and distinct from an administrative case just as an administrative liability is separate and distinct from a penal liability.

The court said the prosecution was able to prove Amante’s guilt beyond reasonable doubt.

The Sandiganbayan also denied Amante’s prayer to conduct a new trial based on the supposed discovery of a “new piece of evidence,” which the Third Division said was the same CA decision.

“Since the administrative case against Amante was not dismissed but its penalties merely amended, the requisites for a newly discovered evidence are incomplete,” the Third Division said.

Filed by the ombudsman in 2018, the cases stemmed from the payment by the city government of Butuan of P15.49 million to non-government organization (NGO) World Medical Relief (WMR)-Panabo in November 2012.

The payment was for the acquisition, shipment and storage of a positron emission tomography-computerized tomography scan machine.

The unit was donated to the city government of Butuan by the US-based NGO World Medical Relief Inc. in June 2013.

The ombudsman said Amante, as the then mayor, allowed the release of the full amount to the WMR-Panabo without first ensuring that the machine was operating and in good condition.

The ombudsman said the equipment was non-operational and unusable, prompting the city government to return it to the donor using public funds.