Negros Occidental vice mayor gets 8 years for graft

MANILA, Philippines — Vice Mayor Oscar Montilla Jr. of Sipalay City, Negros Occidental may spend up to eight years in prison for defying an order of the Office of the Ombudsman to suspend five municipal officials found guilty of an administrative case when he was mayor.

In a decision promulgated on Oct. 11, the Sandiganbayan’s Fourth Division said Montilla was found guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. 

The anti-graft court also ordered his perpetual disqualification from holding public office.

The ombudsman filed the case in 2017, saying Montilla failed to implement a three-month suspension order against Fernando Balbin, Eva Sabusap, Evangeline Seneres, Noel Villanueva and Renato Manilla. The employees were found guilty in 2005 for negligence in performance of duty.

The court found no merit on Montilla’s defense that he committed manifest partiality, evident bad faith or gross inexcusable negligence, saying he merely acted on the recommendation of city legal counsel Elmer Balbin, who was also the legal counsel of the five employees.

“The court is not persuaded... Montilla exhibited gross negligence in delaying the implementation of the ombudsman’s suspension order,” the fourth division ruling read.

The Sandiganbayan said the ombudsman repeatedly reminded Montilla to implement the suspension order and even warned him of the legal consequences  if he would not comply.

 “Of all the people who could have been consulted regarding the propriety of implementing... the suspension order, Montilla chose to seek advice from the lawyer of the very same persons the ombudsman is seeking to suspend,” the court added.

“This degree of carelessness warrants a conviction,” it said.

The decision was penned by Associate Justice Alex Quiroz.

Associate Justices Reynaldo Cruz and Bayani Jacinto concurred with the ruling.