Sandiganbayan affirms conviction of Negros Occidental vice mayor

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The Sandiganbayan Fourth Division has affirmed its decision to convict Sipalay City, Negros Occidental Vice Mayor Oscar Montilla, Jr. of his graft charge due to his willful ignorance of the suspension of several local officials back in 2008.

On October 11, 2019, Montilla was found guilty beyond reasonable doubt of violating Section 3 of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and was sentenced to suffer the penalty of imprisonment for a period of six years and one month as minimum to eight years as maximum. He was also perpetually disqualified from holding public office.

In his motion for reconsideration, Montilla argued that he is not guilty of gross inexcusable negligence because the delay in the implementation of the Ombudsman’s suspension order was due to his honest reliance on the advice given to him by the City Legal Officer, Atty. Elmer Balbin. Montilla added that he immediately implemented the suspension after he was informed by Assistant Ombudsman Santiago that the suspension orders cannot be held off even after a motion for reconsideration was filed.

The court stressed that it was improper for Montilla to rely solely on the advice of the City Legal Officer regarding this matter, and his refusal to immediately act on the suspension order showed his “utter indifference to the consequences of his actions.”

 

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