Ex-Capiz mayor cleared of graft

A former mayor of Mambusao town in Capiz has been cleared of graft over his refusal to sign documents to allow a municipal employee to receive a performance bonus.

Jose Alba Jr. was acquitted of 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 a private party or from causing any party undue injury, the Sandiganbayan’s Fifth Division said in a 26-page decision released recently.

The court said the prosecution failed to prove that Alba’s refusal to sign the performance evaluation report and performance target of former municipal budget officer Alma Moises was done in bad faith and with manifest partiality.

Based on the complaint, Alba’s action deprived Moi- ses of productivity incentive bonus amounting to P2,000.

During the trial, Moises admitted that employees prepare their performance evaluation reports and the mayor signs them only if he agrees with the evaluation, the Sandiganbayan noted.

“The employee cannot and should not compel the immediate supervisor to sign the PEF (performance evaluation form) if the latter is not amenable to the ratings indicated by the employee,” the ruling penned by Associate Justice Maria Theresa Mendoza-Arcega read.

The prosecution said Alba did not sign Moises’ performance evaluation report and performance target because of their “strained relationship.”

However, the Sandiganbayan said there was no evidence presented to prove the prosecution’s allegation.