The anti-graft court’s third division also perpetually barred former mayor Cresente Llorente Jr. from holding any public office after prosecutors, led by Humphrey Monteroso, had proven that he used his clout to harass businessman Rodolfo Diamante, who manages Venerama Diamante Enterprises.
"We can conclude that the real motive of the seizure is a personal one. It appears that the mayor was all the time monitoring the conduct of the business of the Venerama Enterprises and long holding a grudge against Diamante," the third division said in a 23-page decision penned by Justice Godofredo Legaspi.
The Sandiganbayan ruled that only officials of the Department of Environment and Natural Resources have the power to seize suspected illegal items, and not the mayor.
"It is not the function of the mayor to seize, confiscate or even monitor the conduct of a business to find fault or to get even with the cases filed against him. There is nowhere in the law that the mayor was authorized to seize and confiscate the products of the business even if it was operating without the proper permit," it said.
Seized were sawn knockdown wooden boxes worth about P50,000 on board M/L Sea Wolf at the Guza wharf in Sindangan, Zamboanga del Norte. The boxes were supposed to be sold in Cebu City.
The Sandiganbayan acquitted Llorente’s co-accused police sergeant Juanito Caboverde and businessman Jose Dy due to lack of evidence.