MANILA, Philippines — The Sandiganbayan has convicted the late former mayor of Dumanjug, Cebu in connection with the anomalous signing of a Sangguniang Bayan (SB) resolution, which approved the municipal government’s budget for 2014.
In a 67-page decision promulgated on Nov. 6 and released yesterday, the anti-graft court’s fifth division said Nelson Gamaliel Garcia and former municipal information officer Emmylou Cabonilas were guilty of usurpation of official functions under Article 177 of the Revised Penal Code (RPC). They were sentenced to up to one year and eight months in prison.
Their co-accused, former councilors Ricardo Boquecosa, Ricardo Condes, Eliezar Amadora, Meriam Llano and Antonio Garcia, were acquitted due to the failure of the prosecution to prove their participation in the crime.
The decision was issued two months after Garcia died, as confirmed by his family and the Cebu provincial government. He is the younger brother of Cebu Gov. Gwendolyn Garcia.
Under Article 89 of the RPC, the criminal liability of an accused is ”totally extinguished” if he dies before the court promulgates its final judgment on the case.
It has yet to be determined if Garcia’s camp informed the court about his death.
The case, which was filed by the Office of the Ombudsman in 2016, stemmed from Garcia’s decision to allow Cabonilas to prepare and sign a resolution in December 2013, which effectively approved the budget of the municipality for 2014.
The ombudsman said Garcia allowed Cabonilas to usurp the function of then municipal council secretary Nerio Aquino.
The court found no merit in Cabonilas’ defense that she had no choice but to prepare and sign the resolution since Aquino refused to perform his duties.