Sandiganbayan upholds ban on ex-Siquijor governor Fua

Former Siquijor governor Orlando Fua Jr. remains perpetually barred from seeking public office following the denial of his motion for reconsideration (MR) at the Sandiganbayan.

In an eight-page resolution promulgated on March 2, the Seventh Division junked the appeal of Fua for “lack of merit” after he failed to raise new arguments in his conviction for violation of Section 1(e) of Presidential Decree No. 1829, or Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.

“No new matters have been raised by accused to warrant a reconsideration of the judgment rendered in this case. The arguments reiterated and later amplified, failed to convince us to vacate the Court's assailed decision,” the resolution read.

The Sandiganbayan barred Fua from seeking public office as punishment for obstruction of justice when he delayed the service of an arrest warrant against Barangay Tigbawan chairman James Largo — his childhood friend — around 2 a.m. on November 24, 2010.

The charge is based on a complaint filed by Police Inspector Reynaldo Valmoria who led the arresting team. The Office of the Ombudsman said the complaint was bolstered by the testimonies of Police Officer 3 Samuel Ocao, Police Officer 2 Marve Balay-og, Police Officer 2 Jeralf Paghacian, and Police Officer 1 Dynichee Tupac.

The Sandiganbayan has said the presence of Fua, which already raises questions on his motive, could have easily influenced a normal police operation against drug suspects where the province itself has no immediate concern.

In his MR, Fua denied this saying he could not influence the service of the warrant since his office has no direct concern on the matter.

Fua also said he "regrets the unfairness" of the Sandiganbayan ruling and asked the anti-graft court to clarify how his presence was obstructive to authorities.

The Sandiganbayan, however, said Fua’s arguments is “misplaced” since his conviction is based on documentary evidence presented during the trial of his case.

“Contrary to the contention of accused, the finding of guilt beyond reasonable doubt for the offense charged was based on and/or drawn from facts which have been established during the trial of the case,” the Sandiganbayan said.

“The assailed Decision comprehensively detailed the testimonies of each and every witness for the prosecution and the defense. The discussion on the culpability of accused were also supported with basis and jurisprudence. Hence, the finding of guilt of accused beyond reasonable doubt,” it added.

Associate Justice Zaldy Trespeses penned the resolution, with the concurrence of division chairperson Associate Justice Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Bayani Jacinto. —KG, GMA News