Sandiganbayan suspends two Hilongos, Leyte officials

HILONGOS, LEYTE, Philippines — The Sandiganbayan ordered the suspension of two officials of this town for violation of Republic Act 3019 or the Anti-graft and Corrupt Practices Act, in relation to their refusal to acknowledge or recognize the appointment of Trinidad Cabardo as a new member of the Municipal Council.

Cabardo was appointed in June 7, 1999 by then Gov. Remedios Petilla to replace then Councilor Diogenes Caing who resigned to assume the position of municipal physician.

The two officials, who were ordered suspended, were then Councilor Manuel Gabisan and ABC president, Brgy. Chairman Edwin Faller. They were among the members of the Council that refused to recognize Cabardo's appointment.

Previously involved in the case (Criminal Case No. 27478) were then Mayor Altagracia Villaflor, Vice Mayor Panfilo Go and Councilors Reinier Blanco, Epifania Nerves and four others, but they were cleared of criminal liabilities considering that they are now no longer municipal officials.

This left Gabisan and Faller as the subjects of suspension because they are still holding government positions at this time.

In the Sandiganbayan's suspension order, dated October 1 this year and promulgated two days after, the Fifth Division---composed of Associate Justices Amparo Cabotaje-Tang, Roland Jurado and Alexander Gesmundo---denied Gabisan's and Faller's omnibus motion for determination of probable cause or motion to dismiss, which the respondents filed on March 14, 2008, for lack of merit.

The court however granted the prosecution's omnibus motion (Dec. 6, 2007) for the lifting of the order suspending the proceedings of the case and the motion to suspend pendente lite (pending litigation) the accused.

"Thus, this Court hereby orders the suspension pendente lite the accused Manuel Gabisan as the (current) vice mayor of Hilongos, Leyte and accused Edwin Faller as the (current) barangay captain of Brgy. Lamak, Hilongos, Leyte and ABC President, and, from any other public positions they may now or hereafter hold for a period of ninety (90) days from receipt of this resolution."

Sandiganbayan, in its decision, cited RA 3019, stating: Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

Section 3 (e) Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions of RA 3019, states Sandiganbayan.

The Freeman contacted Vice Mayor Gabisan for his reaction to the Sandiganbayan's decision and he replied that he could not issue any statement yet because he has not received a copy of the suspension order.

Faller, for his part, did not return any call despite The Freeman's effort to reach him via a third party. (FREEMAN)