Sandiganbayan convicts ex-mayor for donation
30 May 2017
Angeles City, Pampanga ex-Mayor Francis Nepomuceno was found guilty beyond reasonable doubt of violation of Sections 3 (e) and 3 (g) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) for illegally donating a government-owned vehicle in June 2010. Also convicted was Abelardo Pamintuan Jr., president of Kapanalig Angeles City, Inc. They were sentenced to imprisonment of six to ten years for each charge.
Nepomuceno’s conviction came after prosecutors proved that the donation of the Mitsubishi Adventure to Kapanalig Angeles City, Inc., a non-stock, non-profit organization headed by Pamintuan Jr., a known political ally of the mayor, was made in violation of existing regulations.
The prosecution proved that the donation violated the Local Government Code and the rules on audit which provide that disposable supplies or properties of any government entity cover only unserviceable properties or those which are no longer needed, and that the donation may be made in meritorious cases upon approval of the Sanggunian. The Mitsubishi Adventure was not reported for disposition prior to the donation. In August 2010, the Commission on Audit released an Audit Observation Memorandum “questioning the propriety of the donation considering its adverse effects on the city’s financial condition and recommended its retrieval.”
In a 26-page Decision, the Sandiganbayan observed that “it is readily seen that the deed of donation executed by accused Nepomuceno is manifestly and grossly disadvantageous to the government because there is no lawfully acceptable justification for his blatant disregard of pertinent rules on the proper disposal of local government property vis-à-vis his mandated responsibility to enforce all laws relative to the governance of the city. For his actions, the city government was deprived of the use of its serviceable vehicle. And if at all, the said vehicle may indeed be disposed of, the city government would have gained more advantage had accused Nepomuceno properly followed the rules on property disposal considering that the donated motor vehicle could have been sold at public auction, or transferred to another government agency.” ###