Ex-Angeles City mayor appeals conviction over unlawful donation

Former Angeles City, Pampanga Mayor Francis Nepomuceno has appealed the Sandiganbayan's decision to convict him for 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.

Abelardo Pamintuan, however, insisted on the validity of the donation and refused to give the vehicle back, prompting the current mayor to file a complaint.

The court, in its decision, said Nepomuceno committed manifest partiality and evident bad faith by allowing the donation in response to Pamintuan's request.

But in his 51-page motion for reconsideration submitted to the Sandiganbayan Fourth Division, Nepomuceno argued that the court "misapplied" laws and implementing rules that not applicable to facts of his case.

"When accused Nepomuceno made the donation in question, he did so without any ill intention or dishonest purpose to do a wrong or to favor Kapanalig Inc. in favor of another," his motion read.

"The prosecution failed to prove that accused Nepomuceno donated the subject vehicle with deceit or malice or that he did so with deliberate criminal intent to favor Kapanalig Inc.," it added.

Nepomuceno also argued that he did not give unwarranted benefits, advantage or preference to Kapanalig, Inc.

Citing accounts from the witnesses themselves, Nepomuceno said there exists a resolution which validates the deed of donation.

"Whatever benefits, advantage, or preference given and received by Kapanalig Inc. was definitely warranted, legal and justified and actually long overdue," his motion read.

Nepomuceno also said that the court's finding that the donation was disadvantageous to the city government was "merely speculative," citing the decision itself stating that the court found no evidence to say that Angeles City suffered undue injury from the donation.

"Wherefore, premises considered, it is most respectfully prayed of this Honorable Court that the Decision... convicting accused Nepomuceno for violations of Section 3(e) and (g) of RA 3019, as amended, be reconsidered and accused Nepomuceno be acquitted," his motion read. —KBK, GMA News