2 ex-Bulacan execs cleared of usurpation

MANILA, Philippines — Two former officials of San Jose Del Monte City in Bulacan were acquitted in a usurpation case that stemmed from the confusing results of the 2007 elections.

In a 93-page decision promulgated on Feb. 19, the Sandiganbayan said the Office of the Ombudsman failed to establish that former vice mayor Reynaldo San Pedro and former councilor Nolly Concepcion acted in bad faith when they assumed the positions of mayor and vice mayor, respectively, from September to October 2009.

Based on the charge sheet filed by the Office of the Ombudsman, San Pedro performed the functions of a mayor despite knowing that Angelito Sarmiento was the duly elected mayor of the city.

Concepcion assumed the post of San Pedro as vice mayor.

The confusion in the positions stemmed from the Commission on Elections (Comelec)’s proclamation of Eduardo Roquero as the winner in the mayoralty race.

Sarmiento, who was Roquero’s opponent, filed a protest.

The Comelec recalled Roquero’s proclamation as winner in the mayoralty race on March 9, 2009 after finding out that he only got 55,364 total votes.

Sarmiento garnered 56,688 votes or a difference of at least 1,000 votes.

Roquero challenged the ruling, but before the Comelec could decide on his petition, he passed away in August of the same year.

Since the Comelec had yet to decide on Roquero’s appeal, San Pedro assumed the mayoral post while Concepcion, who garnered the highest votes in the race for councilor, assumed San Pedro’s post as vice mayor.

The Comelec dismissed Roquero’s appeal on Sept. 8, 2009 and the ruling was received by the city government on Sept. 10, 2009.

The city council acknowledged Sarmiento’s election as mayor on Oct. 19, 2009.

The anti-graft court said San Pedro and Concepcion immediately returned to their original positions after the council acknowledged Sarmiento as mayor.