Dead former mayor charged with graft

MANILA, Philippines — Five months after his death, a former mayor of Sipalay, Negros Occidental was charged with graft before the Sandiganbayan.

Soledad Montilla, who died on Jan. 15, was indicted on June 29 in connection with an alleged anomalous lease deal the city government entered into with a private construction firm in 2008.

Former bids and awards committee chairman Renato Manilla and BAC members Fernando Balbin, Porferio Calderon Jr., Elizer Balbin and Alfredo Lim were included in the charge sheet.

Under Article 89 of the Revised Penal Code, criminal liability is extinguished upon the death of the accused. However, the government is not precluded from prosecuting other respondents in the case.

Based on the charge sheet prepared by assistant special prosecutor Jorge Espinal, Montilla conspired with the other respondents in giving unwarranted benefit, advantage and preference to D.K. Jocson Construction when the firm’s contract was renewed from March to December 2008.

The contract was for the lease of heavy equipment used in the rehabilitation of a dike and graveling of farm-to-market roads in the city.

It was not the first time that the ombudsman filed charges against a dead public official.

In April, the ombudsman filed charges against former Ilocos Norte congressman Roque Ablan Jr., who died on March 26.

Last October, the ombudsman filed graft charges against Maguindanao second district congressman Simeon Datumanong in connection with the pork barrel scam even though he died in February last year. 

The ombudsman also indicted Mountain Province representative Maximo Dalog last year, two months after his death.

In defending the filing of charges, the ombudsman said it should not be expected to know the death of those accused without manifestation from their counsels.