Mayor gets 2 years for usurpation

MANILA, Philippines — A municipal mayor in Masbate was sentenced to up to two years in prison for unlawfully appointing the successor of a deceased councilor.

In a 17-page decision promulgated on Sept. 17, the Sandiganbayan found Mayor Natividad Isabel Revil-Magbalon of Milagros town guilty of usurpation of official functions as provided under Article 177 of the Revised Penal Code.

Magbalon was sentenced to six months to two years and 11 months in prison and suspended from holding public office.

Filed by the Office of the Ombudsman in 2010, the case stemmed from Magbalon’s appointment of Gregorio de Jesus as a member of the municipal council in July 2007.

De Jesus replaced his brother Eulogio, who died two months after he was elected councilor in the May 2007 elections.

The anti-graft court agreed with the ombudsman’s view that Magbalon usurped the official functions of the provincial governor, who has the authority to fill a vacant position in the city or municipal council through appointment as provided under Republic Act 7169 or the Local Government Code.

The Sandiganbayan rejected Magbalon’s defense that she merely acted on a resolution of the municipal council, endorsing Gregorio as a replacement for his brother.

The court said there was nowhere in the resolution that states that Magbalon, being the mayor, had the the authority to appoint Gregorio.

The resolution cited the Local Government Code, which states that the governor has the responsibility to fill a position vacated by a municipal councilor, who does not belong to a political party.

Eulogio did not belong to any political party during his election up to his death, the court said.

The anti-graft court dismissed Magbalon’s defense that she acted in good faith as she was unfamiliar with the provisions of the Local Government Code, being a neophyte in politics at the time.