The Sandiganbayan has dismissed graft charges against Nelson David — the late municipal mayor of Limay, Bataan — who was accused of using his position to purchase agricultural land owned by his sons for P10.2 million, despite the property having been acquired for nearly P400,000.

In its decision, the anti-graft court convicted David of two counts of violating the Anti-Graft and Corrupt Practices Act (Republic Act 3019) on 2 December of last year, just four days after he died of a heart attack.

Under the law, a criminal case must be automatically dismissed if the accused dies before arraignment.

The promulgation, which resulted in the late mayor’s conviction, proceeded despite his passing because David’s legal counsel failed to inform the court of his death until the day of the arraignment. The case was not immediately recalled pending verification of David’s death certificate with the Philippine Statistics Authority.

According to the Sandiganbayan, David’s judgment had not yet reached finality, as he had a pending petition challenging the evidence presented by the prosecution.

However, pursuant to Article 89 of the Revised Penal Code, which mandates that criminal liability be totally extinguished upon the accused’s death, the court dismissed the case against David.

“After a review of the records of the case and the arguments raised by the parties, the court dismisses the case against David in view of his death,” the resolution, promulgated on 28 February read.