MANILA -- For lack of merit, the Sandiganbayan has rejected an appeal of a former Negros Occidental town mayor who was convicted of graft in connection with the operation of a cockpit arena in the municipality in 2009.
The anti-graft court's Special 7th Division, in a resolution dated last Oct. 22, denied for lack of merit the motion for reconsideration (MR) of former San Jose Mayor Nelson Ruiz, ruling that “his motion calls for a re-evaluation of evidence from his perspective, but does not question the sufficiency or probative value of the evidence presented by the prosecution.”
“To reconsider the decision on the grounds cited by accused Ruiz would yield the very same findings assailed, as this Court has already exhaustively considered all evidence presented during trial,” the Sandiganbayan added.
In his MR, Ruiz argued that he did not have pecuniary interest over the cockpit, but only the land where it stood.
He added that he did not intervene in connection with his interest in the cockpit by issuing the business permit as he was merely acting in accordance with a municipal ordinance.
He further argued that when he authorized the use of his land by the cockpit, he did so in his private capacity.
In August this year, the Sandiganbayan meted out a 10-year-jail sentence against Ruiz for graft for the operation of the cockpit arena in his municipality. (PNA)
