A former municipal mayor in Romblon has been granted probation more than five years after being found guilty of illegally appointing a losing candidate for councilor as his private secretary, in violation of the law.

Lemuel Cipriano, ex-mayor of Concepcion town, was convicted of violating Article 244 of the Revised Penal Code in February 2020. The penalties include four months in prison and a fine of P1,000.

However, more than five years after the court handed down the verdict, Cipriano has not begun to serve jail time or pay the fine imposed against him.

Ten days following the ruling, Cipriano filed a petition before the Sandiganbayan seeking to place him under probation, citing, among others, that he was already a senior citizen at the time he was convicted and that the crime charged against him was not against national security.

Probation is a special privilege granted merely to qualified offenders subject to the conditions imposed by the court and to the supervision of a probation officer. It must be filed within 15 days from the promulgation of judgment. The granting of probation rests solely upon the discretion of the court.

The case against Cipriano stemmed from a complaint filed before the Ombudsman accusing him of illegally appointing Diosdado Atillano as an administrative officer and private secretary in August 2013.

Atillano ran as a candidate for Sangguniang Bayan member during the May 2013 elections but lost. Cipriano, however, appointed him as his private secretary despite knowing fully well that Atillano is ineligible for appointment to a public office as provided under Section 94 (b) of Republic Act 7160, imposing a one-year appointment ban for losing candidates.

In granting Cipriano’s petition, the court said he possesses all the qualifications to be eligible for probation.

“Based on all information relative to the character, antecedents, environment, and mental and physical condition of the accused, as stated in the PSIR (Post-Sentence Investigation Report), the court finds that he does not require any correctional treatment,” the court ruled.

“Further, the records also disclose that there is no undue risk that he will commit another crime during the period of probation or that his probation will depreciate the seriousness of the offense committed. Thus, placing accused Cipriano on probation will serve the ends of justice, and the best interest of the public,” the resolution dated 8 April added.

As a result, the court suspended Cipriano’s sentence as he undergoes probation under the following conditions, including, among others, the probation shall last for a period of six months starting from the date of his initial report for supervision, he shall refrain from committing any crime, and shall render community work service.

“In the event that accused Cipriano fails to observe the preceding conditions and/or has committed any material misrepresentation in his application for probation, his probation may be revoked by the court or the conditions thereof modified,” the court said.