Ex-Negros mayor faces graft raps for 'business interests'

MANILA, Philippines — A former mayor of the municipality of La Castellana in Negros Occidental is facing graft cases for allegedly favoring his and his wife's businesses in 2013.

Filed by the Office of the Ombudsman before the Sandiganbayan on December 11, the charges against former mayor Alberto Nicor Jr. involve three counts of violation of Section 3(h) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Section 3 (h) of RA 3019 prohibits a government official from “directly or indirectly having financial or pecuniary interest in any business, contract or transaction” in which he has the official capacity to intervene or in which he is prohibited by the Constitution or by any law from having any interest.

Based on the charge sheets prepared by ombudsman's assistant special prosecutor Jorge Espinal, Nicor, on Jan. 24, 2013, issued a Mayor's Permit in favor of his wife Noeme, allowing the latter to operate a hollow blocks manufacturing business.

On the following day (January 25), Nicor allegedly issued another Mayor's Permit “in favor of himself” to operate a trucking business.

The ombudsman said that after a month (February 25), Nicor again issued a Mayor's Permit in favor of himself and his business partner, a certain Paul Garcia, still in connection with the trucking business.

It said that in those three instances, Nicor clearly “intervened in his official capacity” to favor the businesses in which “had a direct financial or pecuniary interests”.

The ombudsman recommended to the Sandiganbayan to set a P90,000 bail bond in exchange for Nicor's provisional liberty.

Set to testify against Nicor are several officials of La Castellana including municipal treasurer Jacinto Potato, assistant municipal treasurer Nemuel Juayan and municipal accountant Joelette Borromeo. Also listed as witnesses for the prosecution were associate graft investigation officer Johana Sanchez of the Office of the Ombudsman for the Visayas and Lisa Grace Bersales of the National Statistics Office.

Nicor was succeeded by his daughter Rhumyla Nicor-Mangilimutan as mayor of La Castellana in May 2016 elections.