The anti-graft court has found former Hinabangan, Samar Mayor Alejandro Abarratigue, along with two other former local officials guilty of graft over the alleged anomalous purchase of a lot in 2008.
In a decision promulgated on 8 November, the Sandianbayan Third Division sentenced Abarratigue, former Municipal Treasurer Raul Tapia and former Administrative Officer II Analiza Bagro to suffer indeterminate penalty of six years and one month as minimum to 10 years as maximum aside from perpetual disqualification from holding public office.
The three were accused of willfully causing undue injury to the government in the amount of P500,000 by purchasing a lot to be used for the expansion of a cemetery without authority from the Sangguniang Bayan of Hinabangan, Samar.
In his defense, Abarratigue said that he and the Sangguniang Bayan in a special session in 2017 particularly discussed that the purchase of the subject lot was for the purpose of the expansion of municipal public cemetery.
He said it was formally acknowledged by the council through a resolution.
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Abarratigue also argued that there was a corresponding identification and allocation in the 2008 Annual Budget of Hinabangan for the lot, with an allocation of P500,000, which was approved by the Sangguniang Bayan.
In its ruling, the Court held that Abarratigue exhibited gross inexcusable negligence and said that the resolution he invoked cannot be considered as his authority to purchase the subject lot.
It also said that the resolution cited by the accused did not contain provision for the purchase of a lot.
“The said annual budget did not even provide for the purchase of a lot. It merely allocated for the expansion of the municipal cemetery.”
“Be that as it may, the term “expansion” cannot be interpreted to be synonymous with purchase. The local government can expand the municipal cemetery without necessarily resorting to the purchase of a lot,” it said.