MANILA, Philippines — The Sandiganbayan has affirmed its ruling clearing a former mayor of Mambusao town in Capiz of graft.
In a resolution dated March 27 and released on Friday, the Sandiganbayan’s Fifth Division denied the motion filed by the Office of the Ombudsman to reverse its ruling acquitting Jose Alba Jr.
“There being no timely motion for reconsideration filed, the assailed decision became final and can no longer be reviewed,” the resolution penned by Associate Justice Maria Theresa Mendoza-Arcega read.
The Sandiganbayan said the motion for reconsideration was filed only on Dec. 28 or six days late of the 15-day requirement under the Rules of Court.
“A judgment of acquittal cannot be reconsidered because it places the accused under double jeopardy,” the court added.
Filed by the ombudsman in 2014, the case stemmed from Alba’s refusal to sign the performance evaluation and target reports of former municipal budget officer Alma Moises, depriving her of productivity incentive bonus amounting to P2,000.
In acquitting Alba in a ruling issued on Dec. 7, the Sandiganbayan said the prosecution failed to present evidence to prove that the former mayor caused undue injury to Moises when he refused to sign the documents.
The court noted that Moises admitted during his testimony that employees prepare their performance evaluation reports and the mayor signs them only if he agrees with the evaluation.
No new evidence was presented to prove such allegation, according to the latest court ruling.