Ex-Isabela mayor gets 288 years for graft

ISABELA, Philippines — A former town mayor in Isabela has been found guilty of 36 counts of graft in connection with the municipal government’s purchase of gasoline and other fuel products from a gasoline station owned by his wife.

Fernando Cumigad, former mayor of Gamu, Isabela, was sentenced to six to eight years in prison for each count or up to 288 years, the Sandiganbayan’s Sixth Division said in a 39-page decision promulgated on Nov. 9 and obtained by reporters yesterday.

The court also ordered Cumigad’s perpetual disqualification from holding public office.

The former mayor was convicted of 18 counts of violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act, which prohibits a public official from giving unwarranted benefit, advantage or preference to a private party or from causing any party, including the government, undue injury.

Cumigad was also found guilty of violating Section 3 (h) of RA 3019, which prohibits a public official “from directly or indirectly having financial or pecuniary interest in any business, contract or transaction with the government 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.”

The Office of the Ombudsman said 18 checks totaling P5,130,325.57 were issued by the municipal government on various dates in 2012 and 2013 to FOC Petron filling station.

 “Records show that FOC Petron was registered under the name of Marilou Profeta Cumigad. This was bolstered by... mayor’s permits issued in 2012 and 2013 authorizing Marilou to engage in the business of gasoline station in Barangay Guibang, Gamu, Isabela,” the court ruling read.

The court noted that under the Local Government Code, properties acquired or established during a marriage are considered conjugal “unless proven that they exclusively pertain to the husband or the wife.”

“Accused interest... is direct as the gasoline station... was established during his marriage with Marilou and they remained married... at the time stated in the (case) information,” the court said.

The sixth division found no merit in Cumigad’s defense that he was not aware that the gasoline station was owned by his wife because the disbursement vouchers and checks do not reflect her name.

The court said the prosecution established that the municipal bids and award committee did not approve the purchases.