Court junks ex- Mindoro town mayor’s bid to dismiss case
THE Sandiganbayan Second Division rejected the plea of the former mayor of Santa Cruz, Occidental Mindoro to nullify the charge sheet accusing him of graft in connection with the purchase of an overpriced lot.
The decision stemmed from the motion to quash filed by Filemon Galsim arguing that the facts charged do not constitute an offense.
But the Court, in a threepage resolution promulgated on August 22, denied the motion and said the complaint contains all the elements constituting violation of section 3( g) of Republic Act 3019 or the Anti- Graft and Corrupt Practices Act.
Galsim is accused of violating the anti- graft law that prohibits public officers from entering into contracts or transactions “manifestly and grossly disadvantageous to the government.”
Associate Justice Oscar Herrera, who leads the Sandiganbayan’s Second Division, penned the resolution that was concurred in by Associate Justices Michael Frederick Musngi and Lorifel Pahimna.
The Office of the Ombudsman filed the case on June 22, alleging that in May 2012 Galsim entered into a contract to purchase a 2,123- square- meter lot in Poblacion II at P702.70 per square meter or for more than P1.4 million which was found to be grossly disadvantageous to the government since the approved market value that time was only at P580 per square meter.
Violation of Section 3 of the anti- graft law is punishable with six years and a month up to 15 years in prison and perpetual disqualification from public office.