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Sandigan: Strong evidence to convict Mindoro mayor

Elizabeth Marcelo - The Philippine Star

MANILA, Philippines — The prosecution team of the Office of the Ombudsman has presented sufficient evidence to convict Mayor Ma. Fe Brondial of Socorro, Oriental Mindoro for 10 counts of violation of the Code of Conduct and Ethical Standards for Public Officials and Employees, according to the Sandiganbayan.

In a resolution promulgated on Sept. 11, the anti-graft court’s fourth division denied Brondial’s motion to file a demurrer to evidence, which would have allowed her to seek the dismissal of the cases on the ground of the supposed weak evidence of the prosecution.

“Brondial’s motion is without merit,” the resolution read.

The cases stemmed from Brondial’s alleged failure to file her statements of assets, liabilities and net worth (SALNs) from 1998 to 2007.

Under the Revised Rules of Criminal Procedure, an accused may file a demurrer to evidence after the prosecution has rested its case.

The same provision, however, states that the accused must first seek the permission of the court through a motion for leave so as not to lose his chance to present his counter-evidence if the demurrer gets denied.

In dismissing Brondial’s motion, the court cited the certifications issued by former Socorro municipal general services officer Lowelyn Ylagan on Sept. 8, 2010 and May 4, 2015 that the mayor did not submit her personal data sheet and SALNs from 1998 to 2007.

The court also cited a letter and a certification issued by administrative assistant Arnel Larrobis of the Office of the Deputy Ombudsman for Luzon on July 29, 2009 and May 6, 2015, respectively, informing graft probers that Brondial’s SALNs were not found on file.

“The court considers the prosecution’s... evidence... sufficient to sustain the charges... If the same remains unrebutted, it can support a finding of guilt beyond reasonable doubt,” the  fourth division said.

vuukle comment

CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS

MA. FE BRONDIAL

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