The former mayor of a town in Bukidnon, sentenced to 40-years jail by the Sandiganbayan, lost his bid to have his penalty reduced owing to a technicality.
Former mayor Teddy Pajaro of Lantapan, Bukidnon, was convicted by the anti-graft court for misusing more than P300,000 worth of livelihood assistance funds during his incumbency.
The Sandiganbayan’s Fourth Division denied Pajaro’s urgent motion to reopen the case for the recomputation of penalties meted out to him.
Pajaro’s co-accused, former municipal accountant Crispina Aben, also sought a reduction in a penalty but her plea was also denied.
Pajaro and Aben, the Sandiganbayan said, should have filed a petition at the Regional Trial Court in Panabo City which has the territorial jurisdiction over them.
“Taking into consideration that accused Pajaro and Aben are presently detained at the Davao Prison and Penal Farm, Davao Penal Colony, Panabo City, Davao del Norte, their present motion, which should actually be a petition, must be filed not with this Court but with the RTC in Panabo City, Davao del Norte, with a certified true copy of the Court’s Decision attached thereto,” it said.
In opposing Pajaro’s and Aben’s pleas, the Solicitor General reminded the Sandiganbayan of the Supreme Court guidelines on penalty reduction.
The SC guidelines on penalty reduction provide that petitions for reduction of the sentence must be filed at the RTC that exercises jurisdiction over the locality where the convict is detained.
The anti-graft court convicted Pajaro and Aben of two counts of graft and four counts of malversation of public funds through falsification of public documents in 2005.
The court determined that they misappropriated P74,000 in financial aid for the livelihood projects of a certain Anecito Penar and Angelita Lacerna in 1997 by making it appear that both beneficiaries received the payment. They also released P319,000 in public funds without supporting documents.
They were sentenced to each serve a prison sentence of 40 years and jointly return P319,000 to the local government.
Pajaro and Aben argued that they already served more than 18 years behind bars with good conduct time allowance, thus prompting them to seek a recomputation of their penalties.
Both said they were also eligible to be released from prison on the ground of actual completion of sentence, citing amendments in the penalties of the Revised Penal Code.
The Ombudsman made no objection on the recomputation of penalties, but the Solicitor General blocked the motion in compliance with the SC guidelines.