Sandiganbayan denies ex-Samar mayor's bid to reopen graft case over 'illegal' land deal

The Sandiganbayan has denied the plea of former Hinabangan, Western Samar mayor Alejandro Abarratigue and his two co-accused to reopen their graft case to present additional evidence involving the alleged illegal lot purchase of the municipality in 2008.

In a resolution dated 28 February, the anti-graft court Third Division concurred with the prosecution that the period to reopen the trial had already lapsed, citing Section 24 of Rule 119 of the Rules of Court, which provides that a case may only be reopened before a judgment of conviction is final.

"This case has already reached its finality as evidenced by the Supreme Court Entry of Judgment dated October 7, 2024," the resolution reads.

Moreover, the court also took issue with the documents presented by the accused, asserting that they had nothing to do with the prayer to reopen the trial.

The Sandiganbayan sentenced Abarratigue and former municipal treasurer Raul Roberto Tapia and administrative officer II Analiza Mabonga Bagro to up to ten years in prison for one count of graft in November 2019.

The three were accused of acting in conspiracy to purchase a lot amounting to P500,000 without the authority from the municipality's Sangguniang Bayan in August 2008.

Investigations revealed that Abarratigue and his subordinates acquired the lot under the municipality to supposedly use as a public cemetery despite there being no budgetary allotment for such.

In their motion, the three claimed that the transfer of the title under the municipality and the construction of the cemetery boxes in the subject lot "are supervening events that should lead to the reopening of the case."

However, the Sandiganbayan cited the SC's ruling on the case, which states that the main fault of the three accused "was that they did not secure proper authorization from the Sangguniang Bayan to purchase the subject lot and that the person who received the funds was not authorized to receive the same."

"The transfer of the title and the construction of the cemetery boxes were never issues in the original case or on appeal," the anti-graft court said.

"Thus, the subsequent transfer of the title into the name of the municipality and the construction of the cemetery boxes do not change anything about the case," it added.

Hence, the court noted that the transfer of title and construction of cemetery boxes cannot cure the violations of Abarratigue and his subordinates.

Also, in 2019, Abarratigue was found guilty of five counts of graft for allegedly refusing to pay P556,196 representing the salaries of five municipal employees whom he supposedly reassigned to a far-flung sub-office from 2019 to 2010.