Sandigan affirms ex-Leyte town mayor’s conviction

MANILA, Philippines — The Sandiganbayan has upheld the conviction of former mayor Charita Chan of Babatngon, Leyte in connection with the anomalous issuance of a permit for cockfight operations in 2009.

In a 16-page resolution promulgated on Nov. 29 and released yesterday, the anti-graft court’s third division said Chan failed to raise any new meritorious argument in her motion for reconsideration to warrant the reversal of its Sept. 30 decision finding her guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The court had earlier sentenced Chan to six to 10 years in prison with the accessory penalties of perpetual disqualification from holding public office and forfeiture of retirement and gratuity benefits.

Filed by the Office of the Ombudsman in 2019, the case stemmed from Chan’s issuance of a mayor’s permit to a certain Nicomedes Alde on Aug. 28, 2009 to continue cockfight operations in the municipality.

The ombudsman said Chan granted Alde’s application despite a Sangguniang Bayan resolution barring the issuance of a permit in his favor after he failed to comply with the requirements provided under the Cockfighting Code of the municipal government and Presidential Decree 1802.

The third division maintained that the ombudsman’s prosecution team was able to present sufficient evidence to prove Chan’s guilt beyond reasonable doubt.

“The court reiterates its previous ruling that the prosecution was able to prove that accused Chan acted in bad faith when she issued the subject mayor’s permit,” the court said.

The prosecution established that Chan gave unwarranted benefit, advantage or preference to Alde, it said.

The court also noted that Chan granted the permit to Alde despite acknowledging that the town council issued resolutions that prevented her from issuing it.