Sandigan clears Masbate mayor over 'irregular' removal of municipal officer

The Sandiganbayan has acquitted re-elected Milagros, Masbate Mayor Natividad Magbalon in her graft case over the alleged irregular removal of a municipal employee in 2013.

In a decision dated May 3, the Fifth Division cleared Magbalon of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for "failure of the prosecution to prove her guilt."

Magbalon supposedly placed then-municipal social welfare and development office (MSWDO) chief Diosdidita Arcenas on a floating status which caused her to be deprived of her monthly representation and transportation allowance (RATA) worth P8,160.

She then appointed a certain Ruth Sia to replace Arcenas.

The Sandiganbayan said the removal of Arcenas was justified due to accusations she participated in partisan political activities of a certain Luz Bakunawa without giving any explanation.

The Sandiganbayan said Magbalon's decision, including the interim appointment of Sia, was well within her powers as the local chief executive, while Arcenas failed to refute her role in the campaign of Bakunawa.

"Besides, engaging directly or indirectly in partisan political activities by one holding a non-political office is proscribed by the law. It is a fundamental aphorism in law that no officer or employee in the Civil Service shall engage in any partisan political activity," it said.

On the RATA suspension of Arcenas, the anti-graft court said she was not entitled to receive the allowance since she no longer serves in the MSWDO. It said Arcenas should have also raised the issue with the Civil Service Commission.

The Sandiganbayan thus said the prosecution failed to prove Magbalon committed gross negligence and had bias to Sia, who was the next-in-rank to Arcenas. It said the decision of the mayor was done in good faith.

Associate Justice Maria Theresa Mendoza-Arcega penned the decision, with the concurrence of Associate Justices Rafael Lagos and Maryann Corpus-Manalac. —KBK, GMA News