Ex-Angeles City mayor convicted over illegal donation

The Sandiganbayan has convicted former Angeles City, Pampanga Mayor Francis Nepomuceno after he was found guilty of unlawfully donating a motor vehicle to a non-government organization in 2010.

Nepomuceno, along with Abelardo Pamintuan Jr., president of Kapanalig Angeles City Inc., was sentenced to a total of 12 to 20 years in prison for violating Section 3(e) and Section 3(g) of the Anti-Graft and Corrupt Practices Act.

The case stemmed from the execution of a Deed of Donation between Nepomuceno and Pamintuan for the transfer of a 2005 Mitsubishi Adventure to Kapanalig Angeles Inc. in June 2010.

However, after Nepomuceno's term ended in August 2010, a Commission on Audit report questioned the propriety of the donation of the city government's 11 motor vehicles to various recipients.

This forced current Mayor Edgardo Pamintuan to order the revocation of the donations.

The accused Pamintuan, however, insisted the validity of the donation and refused to give it back, prompting the mayor to file a complaint.

In its 25-page decision, the Sandiganbayan Fourth Division said there were irregularities in the acquisition of the motor vehicle.

"[T]he evidence on record not only shows that accused Nepomuceno was remiss in performing his duty under the LCG (Local Government Code) to all laws relative to the governance of the city, but it also proves that the execution of the assailed donations was marred by several irregularities," the court said.

The court added that it was also clear that the donation by Nepomuceno is not allowed. It also said Nepomuceno committed manifest partiality and evident bad faith by allowing the donation in response to Pamintuan's request.

"The hasty manner in which the donation was executed shows the predisposition of accused Nepomuceno to grant the donation," the court said.

"[T]here is ample evidence to show that Kapanalig, Inc., as represented by its President, accused Pamintuan, received unwarranted benefits, advantage and preference when the assailed donation was accepted," it added.

Section 3(e) of the Anti-Graft and Corrupt Practices Act prohibits public officials from “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

Meanwhile, Section 3(g) states that public officials are not allowed to "[enter], on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby." —KBK, GMA News