Ex-mayor dies before imprisonment over fertilizer scam
The Sandiganbayan has put on hold the promulgation of its judgment on two counts of graft filed against a former mayor of Polangui town in Albay in connection with the fertilizer fund scam.
In a resolution released recently, the anti-graft court’s first division reset the promulgation to Feb. 2 and ordered the prosecution team to confirm the death of Jesus Salceda Sr. with the Philippine Statistics Authority. The court was supposed to hand out a guilty verdict last Dec. 7, but his lawyer Jose Conrado Sabio manifested that the former mayor died on Nov. 19.
Under Article 89 of the Revised Penal Code, the criminal liability of the accused is “totally extinguished” if he dies before the court promulgates its final judgment.
Salceda’s co-accused, former municipal accountant Ma. Jimalyn Sabater was found guilty of violation of Section 3 (e) and 3 (g) of Republic Act 3019 or the AntiGraft and Corrupt Practices Act and sentenced to up to 12 years in prison. She was also ordered to pay the municipal government P4.8 million, representing the amount of misused public funds.
Former municipal treasurer Anna Robrigado was acquitted for insufficiency of evidence.
The cases stemmed from the purchase of 1,315 liters of Young Magic Foliar Fertilizer from Madarca Trading in April 2004 through direct contracting instead of public bidding. The fertilizer was also found to be overpriced by P4.819 million or 2,940 percent as it was sold at P3,800 per bottle when the prevailing market price was only P125 per bottle.
The decision was penned by Associate Justice Edgardo Caldona with the concurrence of Associate Justices Efren de La Cruz and Geraldine Faith Econg.