MANILA -- The Sandiganbayan has sentenced a former barangay chairperson from a town in Leyte province to up to 8 years imprisonment for his part in the illegal demolition of houses in an ejectment case.
In its 33-page decision dated Feb. 17, the anti-graft court affirmed the decision of a Tacloban City regional trial court (RTC Br. 34) finding former Barangay MH Del Pilar chair Jovito Tupaz of Dulag town guilty of violating RA 3019, otherwise known as the “Anti-Graft and Corrupt Practices Act,” and sentenced him to the prison term and perpetual disqualification from public office.
Aside from time behind bars, Tupaz was likewise ordered to pay the complainant, Lutgarda T. Arceo, PHP100,000 in damages.
A co-accused, former barangay secretary Alexander R. Cagara, died in 2021 during the pendency of the case.
The complainant claimed that in 1999, as the demolition was being undertaken by a team personally supervised by Tupaz and Cagara, she reminded that 1/3 of the portion of the lot belonged to her, having purchased the same from its owners under a deed of sale two years earlier. She even reminded Tupaz that the latter was a signatory in the document.
Tupaz however turned a deaf ear and insisted that the demolition was covered by a court order. The demolition was completed by noon along with three other houses.
“A public officer who seriously breaches his or her duty in a blatant and extremely careless manner with conscious indifference to consequences insofar as other persons may be affected is guilty of gross inexcusable negligence under RA 3019 regardless of whether such breach of duty was done with malicious intent,” the Sandiganbayan said in its decision.
“(A) public officer’s failure to appreciate the extent of his or her basic power is gross negligence amounting to gross bad faith and manifest partiality,” the tribunal said. (PNA)
