Sandiganbayan acquits ex-Rizal vice mayor of graft over unpaid salaries
The Sandiganbayan has acquitted former Rodriguez, Rizal vice mayor Jonas Cruz of graft due to his alleged failure to pay five job order employees in 2009.
In a decision promulgated Thursday, the anti-graft court’s Third Division said state prosecutors failed to prove Cruz violated Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Also acquitted of the graft charge was former municipal treasurer Nemencia Sta. Maria.
Cruz was accused of graft for supposedly failing to process the salaries of job order employees Maricris Norio, Mary Rose Bracero, Jocelyn Lauzon, Yolanda Luna and Leona Aquino from Sept. 11 to Oct. 10, 2009, when he was acting mayor.
Their pay amounted to a total of P24,973.00.
In clearing Cruz and Sta. Maria of graft, the court said the prosecution was only able to present evidence— mostly testimonial— that the complainants’ alleged daily time records for the pay period were processed only up to the municipality’s accounting department.
The Sandiganbayan said there was no evidence that the documents concerning the payroll period have been submitted to the Budget Office, Office of the Acting Mayor and Office of the Treasurer.
“[A]bsent any proof that the subject documents had reached the offices of the accused for their appropriated actions, this Court cannot even dwell on the matter whether the accused acted with manifest partiality, evident bad faith or gross inexcusable negligence in processing the concerned documents,” the Sandiganbayan said.
Meanwhile, Cruz and Sta. Maria’s camps showed evidence that not only were the documents concerning the complainants payroll reached their offices but that the employees were paid accordingly in August 2009.
They also presented witnesses who testified that the complainants failed to report for work starting August 2009, when then-Mayor Pedro Cuerpo was suspended from office. — VVP, GMA News