Sandigan drops graft case against ex-Zambo Norte mayor

MANILA – The Sandiganbayan has cleared the former mayor and Sangguniang Bayan officials of the municipality of Sibuco in Zamboanga del Norte of graft charges filed by the vice mayor in 2016.

Ordered acquitted by the anti-graft court’s Seventh Division were Norbideiri Edding and councilors Norbryan Edding, Malik Tutuan, Nasser Mahamod, Absar Caril, Jaapal Dodong, Abbas Samson, and Misal Hawari for the failure of the prosecution to prove that they violated Republic Act (RA) 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.

They were accused by then-vice mayor Mansur Munding of clipping the power of his office to check on the ex-mayor’s handling of finances.

Munding claimed that under the Local Government Code, as presiding officer of the Sanggunian, he is empowered to sign all warrants drawn on the municipal treasury for all expenditures appropriated for its operation.

In 2010, the Sangguniang Bayan passed a resolution that authorized only Edding and then municipal treasurer Peterleo Rabulan as exclusive signatories for all financial transactions of the town.

The 82-page decision written by Associate Justice Zaldy Trespeses and recently published online stated that “it is lamentable that Vice Mayor Munding was unable to exercise his power to sign warrants for the Sanggunian’s expenditures because he was not issued the authority to sign checks for the Sanggunian’s existing account”.

However, the prosecution’s evidence “was unable to satisfactorily prove” a violation of RA 3019.

“The Sanggunian members’ passing of Resolution No. 21 authorizing Mayor Edding and the local government unit treasurer to transact with the LGU’s depository bank and denial of Vice Mayor Munding’s proposal to open a separate bank account for the Office of the Vice Mayor cannot be characterized as a violation of RA 3019 because not all elements constituting the said crime were sufficiently established,” the court said.