“Fighting corruption
is not just good governance. It's self-defense. It's patriotism.” Joe Biden
By Alex P. Vidal
THE worst thing that could happen to any public
servant is to be slapped and convicted with a graft and corruption case during
retirement age.
If there is a jail term aside from forfeiture of
benefits, among other penalties, it’s really hell.
The sorrows, anxieties and stress felt by those
convicted and their relatives and friends are doubled.
They also have domino effects.
Their health will be affected. When the mind is in
deep sadness, the heart is in pain; the body deteriorates.
The children are traumatized.
Instead of spending the retirement years enjoying
the fruits of their labor, they will agonize worrying how to wiggle out from
the mess.
Those who are remorseful and bothered by their
conscience console themselves by the thoughts that if they could only turn back
the time, they would never ever dip their fingers in the cookie jar.
Those who think they are innocent and only unfairly
dragged in the fiasco and have not benefited even a single centavo, will fight to
clear their names and defend their dignity to death.
But it’s stamina-sapping. Nerve-tingling.
Time-consuming.
Not during retirement age.
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JANIUAY Mayor Frankie Locsin, et al can still appeal
their conviction for violation of Anti-Graft and Corrupt Practices Act or
Republic Act 3019 in relation to the anomalous purchase of medicine using Sen. Vicente
“Tito” Sotto III’s P15-million Priority
Development Assistance Fund (PDAF) way back in 2001.
In a graft conviction, however, the chances of those
who are making an appeal are nil.
The right to file a motion for reconsideration is
accorded to anyone convicted of any offense under the principle of due process
of law.
The Sandiganbayan is
mandated “to give life and meaning to the constitutional precept that a public
office is a public trust and to impress upon public officers and employees that
they are at all times accountable to the people with their duty to serve with
the highest degree of responsibility, integrity, loyalty and efficiency.”
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According to its
mission, the Sandiganbayan “carries out this objective by conducting
expeditious trials of criminal and civil cases involving offenses committed by
public officers and employees, including those employed in government-owned or
controlled corporations.”
The conviction by the
Sandiganbayan First Division of Locsin, accountant Carlos Moreno Jr., budget officer
Ramon Tirador, treasurer Luzviminda Figueroa, Ricardo Minurtio, and businessman
Rodrigo Villanueva also carried a penalty of imprisonment from six to 10 years
aside from forfeiture of benefits and perpetual disqualification from public
office.
If they can reverse
their fortune and get away from the hullabaloo with their full faculties intact,
the damage on their names has been done.
Until all the legal
options and solutions have been exhausted, we can’t say with absolute certainty
that they are guilty.
The preponderance of
evidence, however, clearly illustrated the presence of a conspiracy as stated
by the court decision, to wit: “The Court finds…conspiracy between accused
public officials (and) members of the municipal Committee on Awards of
Janiuay…as shown by their respective signatures in the Minutes of Meetings
which awarded the subject procurement of medicines in favor of AM Europharma
and Mallix Drug Center…(this) gave undue advantage to accused Rodrigo
Villanueva, owner and proprietor of said companies.”
Penned by Associate
Justice Rodolfo Ponferrada and concurred by First Division Chairman Efren dela
Cruz and Associate Justice Rafael Lagos, the 34-page decision was dated
February 23, 2015.
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