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The Sandiganbayan Fifth Division made a complete turn
around by acquitting Leyte Fourth District Rep. Eufrocino Codilla
Sr. from graft charges. The lawmaker was earlier convicted on two
counts of violation of the Anti-Graft and Corrupt Practices Act
committed when he was mayor of Ormoc City in 1993 and 1994.
Based on a nine-page resolution
promulgated by the anti-graft court on May 6 penned by Associate
Justice Teresita Diaz-Baldos, it reversed its earlier ruling
convicting the former mayor. The said conviction on September 28,
2007 carried an 18-year jail term and perpetual disqualification
from holding public office.
The Sandiganbayan ruled that the
prosecution failed to prove beyond reasonable doubt that Codilla was
guilty of the crimes charged.
Justices Roland Jurado and Ma.
Cristina Cortez-Estrada, division chairman, concurred in the ruling.
The case stemmed from allegations
that Codilla held an unlawful interest in a gravel and sand
quarrying company that was granted an operating permit under his
administration as Ormoc City mayor in 1993 and 1994. Codilla served
three consecutive terms as Ormoc City mayor from 1992 to 2001.
In reversing its order, it cited
the Supreme Court jurisprudence in the case of Caballero vs.
Sandiganbayan where the high court acquitted the defendant due to
lack of evidence.
The anti-graft court decided on
the basis of Codilla’s argument that it was the Department of
Environment and Natural Resources that recommended the renewal of
the permit and the City Mining and Regulatory Board subsequently
approved it.
It will be recalled that in the
earlier decision of the Sandiganbayan, Codilla was found guilty
beyond reasonable doubt of maintaining a financial interest in
Codilla Enterprises, a private quarrying firm for which he
personally granted a sand and gravel quarry permit as city mayor.
But the Sandiganbayan acquitted him on two counts of misconduct
citing lack of evidence to prove that there was conflict of interest
even when Codilla was mayor and owner of the private firm.
--Jomar Canlas
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