Ex-mayor gets 2 years for usurpation

The prosecution claims that the detention rendered him legally incapacitated to perform the functions of his office as municipal mayor. #VicenteAranetaFernandez

The anti-graft court has sentenced to up to two years imprisonment former Matanao, Davao del Sur mayor Vicente Araneta Fernandez for discharging his function as mayor while under detention for a murder case in 2015.

In its ruling promulgated 15 November, the Sandiganbayan found Fernandez guilty beyond reasonable doubt of violating Article 177 of the Revised Penal Code or for usurpation of official functions.

He was sentenced to suffer the penalty of six months a minimum to two years imprisonment.

Fernandez is accused of performing acts and functions pertaining only to a person in authority by issuing orders on the pretense that he has the authority as local chief executive when he does not have such authority as he was under detention and legally incapacitated to perform his functions, thereby usurping the functions and authority of then acting Mayor Vice Mayor Elmer Javelona.

The prosecution claims that the detention rendered him legally incapacitated to perform the functions of his office as municipal mayor.

In its ruling, the Court said the Local Government Code clearly states that when a mayor is temporarily incapacitated to perform his duties for physical or legal reasons, the municipal vice mayor shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned.

“Thus, upon the arrest and subsequent detention of accused Fernandez, the power and function of a mayor were to be exercised by none other than Vice Mayor Javelona. The duties and functions of a local chief executive were to be discharged by the acting mayor.”

“Contrary to the assertions of accused Fernandez, this Court finds that his arrest relative to the murder case in which he stands accused along with six others, was not only a legal incapacity but also a physical incapacity from the time the warrant of arrest was served upon him.”

The Court stressed that all prisoners whether under preventive detention or serving final sentence cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention.

The decision is authored by Associate Justice Zaldy Trespeses. Associate Justices Ma. Theresa Dolores Gomez-Estoesta and Georgina Hidalgo concurred.