Sandigan reverses ruling, allows ex-Gov. Roy Padilla's detention in provincial jail

The Sandiganbayan First Division has reversed its earlier ruling ordering the detention of former Camarines Norte governor Casimiro “Roy” Padilla, eldest brother of actor Robin Padilla, at the New Bilibid Prison in Muntinlupa City.

In a resolution dated March 28, the First Division granted Padilla’s appeal to be detained at the Camarines Norte Provincial Jail to serve his sentence for a malversation of public property case.

In reversing its earlier decision, the division cited a Supreme Court ruling dated May 13, 2013 denying Padilla’s motion for reconsideration regarding his conviction by the Sandiganbayan in Novermber 2012.

However, in the same ruling, the high tribunal modified Padilla’s sentence, citing his “voluntary surrender” before the start of the trial of the case.

“Having considered the mitigating circumstance of voluntary surrender under Article 13 Paragraph 7 of the Revised Penal Code, the Court modifies the penalty stated in its (Sandiganbayan) decision dated November 27, 2012,” the SC’s resolution read.

The First Division, in its 2012 ruling, sentenced Padilla to a minimum of four months and one day to a maximum of four years and two months of imprisonment.

However, the SC, in its ruling, downgraded the sentence to a minimum of four months to a maximum of two years of imprisonment.

Padilla, in his motion to be detained at the provincial jail filed with the First Division last week, pointed out that under the Revised Administrative Code of the Philippines, a convicted person sentenced to a maximum of three years of imprisonment or a fine of not more than P1,000 shall be considered a provincial prisoner instead of a national prisoner.

Following a review of the records showing that the SC has indeed downgraded the former governor’s sentence, the First Division issued a “Supplemental Mittimus” dated March 29, 2016 ordering Padilla’s immediate transfer to Camarines Norte Provincial Jail.

“Wherefore, in view of the foregoing, the Court issues this Supplemental Mittimus directing the Bureau of Corrections to turnover the person of accused Casimiro “Roy” Padilla to the custody of the Provincial Jail in Camarines Norte for the continuation of the service of the sentence imposed upon the accused, which started to run on March 21, 2016,” the First Division said.

Padilla’s conviction of malversation of public property stemmed from his failure to return to the provincial government a 45 caliber pistol and ammunition amounting to P7,462 issued by the Philippine National Police (PNP) in 1992 during his term as governor.

Aside from imprisonment, he was also ordered perpetually disqualified from holding public office and to pay a fine of P200.

Padilla, however, remained at large following his conviction. This prompted the First Division to issue an alias arrest order in October 2015.

On March 18 of this year, Padilla was arrested by the operatives of the PNP Criminal Investigation and Detection Group in Daet, Camarines Norte.

The First Division on Monday last week ordered his detention at the New Bilibid Prisons in Muntinlupa City. —KBK, GMA News