Jailed former Isabela mayor ordered moved to Ilagan facility

MANILA, Philippines — The Sandiganbayan has ordered the transfer of former mayor Nestor Uy of Gamu, Isabela to the Ilagan District Jail in Ilagan City after the Supreme Court (SC) upheld his conviction for barring the hiring of four municipal employees in 2013.

“The chief of police of Gamu was directed to deliver Uy to the district jail within 10 days from receipt of notice,” the anti-graft court’s Third Division said in a resolution promulgated on April 5.

The resolution also directed the chief of the Ilagan District Jail to receive Uy for the service of his sentence.

Uy recently surrendered to the Gamu police after the Sandiganbayan issued a warrant for his arrest following the affirmation of his conviction for usurping official functions as provided under the Revised Penal Code.

The court denied Uy’s appeal to allow him to serve his sentence at the Isabela Provincial Jail.

It said Uy falls under the definition of a “city prisoner” as provided under the 2015 Bureau of Jail Management and Penology (BJMP)’s Comprehensive Operations Manual.

The BJMP manual states that a “provincial prisoner” is someone who is sentenced to six months and one day to up to three years in prison.

The “city prisoner” is someone who gets a prison term ranging from one day up to three years.

The SC earlier sentenced Uy to two months and one day to up to one year, eight months and 21 days in prison.

The Third Division said for someone to be considered a provincial prisoner, his minimum prison term should be at least six months and one day.

Uy’s conviction stemmed from his refusal to approve the appointment papers of four employees hired as legislative staff members of the municipal council headed by then vice mayor Fernando Cumigad.

The Office of the Ombudsman said Uy unlawfully disapproved the appointment despite knowing that he did not have the legal authority to do so.

Under Republic Act 7160 or the Local Government Code, the authority to appoint legislative staff of the municipal council belongs to the vice mayor, who also serves as the council’s presiding officer.