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In a two-page resolution written by Sandiganbayan Second Division Chairman Associate Justice Oscar Herrera, Jr. and promulgated on Oct. 27, 2017, the anti-graft court ordered NBI Director Dante Gierran to execute the warrant on Cuerpo, who is facing a six-month jail term.
“The court hereby directs Atty. Dante A. Gierran, Director of the NBI, to cause the execution of the warrant of arrest dated April 27, 2017, and to submit a report thereon to the court within 20 days from receipt of a copy of this resolution,” the Sandiganbayan said.
In 2012, the anti-graft court sentenced Cuerpo to suffer the penalty of a maximum imprisonment of six months for his failure to comply with a court order directing him to assist the building permit application of the Samahang Magkakapitbisig (Samahan).
The Sandiganbayan said that Cuerpo “truly disdained having the members of the Samahan settle at the municipality of Rodriguez because he regarded them as squatters or informal settlers, and he never hid his sentiment that he did not want squatters in his (town).”
Cuerpo, with his co-accused then-municipal engineer Fernando Roño, were found guilty of violation of Article 213 of the Revised Penal Code (RPC).
He was also temporarily disqualified to hold public office for 10 years, eight months and one day, and pay a fine of PHP1,000.
The Sandiganbayan decision became final and executory on Jan. 9, 2017.
However, the anti-graft court said that the NBI has yet to submit a report in compliance with Cuerpo’s warrant of arrest despite receiving a copy four months later, or on May 15, 2017.
“To date, the NBI has not made any return nor submitted any report regarding the execution of the warrant,” the Sandiganbayan ruling said.
Concurring with the ruling were Associate Justices Michael Frederick Musngi and Lorifel Pahimna. (PNA)