Ex-Quezon town mayor cleared of graft

MANILA, Philippines — Former mayor Joselito Alega of San Francisco town in Quezon has been cleared of the charges filed against him in connection with the alleged unjustified withholding of the release of yearend bonus and cash gift of a municipal employee in 2014.

In a 71-page decision promulgated on Dec. 10, the Sandiganbayan’s Third Division said the prosecution team of the Office of the Ombudsman failed to prove Alega’s guilt beyond reasonable doubt.

The former mayor was charged with violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits public officials from giving unwarranted benefit, advantage or preference to any private party or from causing any party, including the government, undue injury.

Alegas’s co-accused former human resource management officer-in-charge Cesar Rocas and former municipal accountant Gerardo Cerrudo were also cleared of the charges.

The court said the prosecution failed to establish that the accused acted in bad faith and that their collective action was meant to favor one side or person.

Based on the amended charge sheet filed by the ombudsman in 2018, Alega conspired with Rocas and Cerrudo in withholding the release of half of the yearend bonus and cash gift of Noel Castillejo, former head of the municipal social welfare and development office, amounting to P18,426.

The ombudsman said that while Castillejo was found guilty of an administrative case in 2014, it was not a valid legal ground to withhold the release of his bonus and other benefits as he had been penalized with suspension.

The third division said withholding half of the bonus and cash gift of Castillejo at the time was justified as he was still serving his 60-day preventive suspension.

“The prosecution evidence falls short of demonstrating that the accused are guilty of gross negligence amounting to bad faith,” the court said.

Noting that Alega asked the Commission on Audit and Civil Service Commission on the propriety of the release of the check to Castillejo, the court said the accused ”exercised a certain degree of caution in releasing the subject benefits to an individual who was under preventive suspension.”

Castillejo had earlier claimed that Alega treated him unfairly for being the cousin of the former mayor’s political rival, former vice mayor Hernani Tan.