Ombudsman: No merit in Zambales mayor’s plea vs conviction

MANILA, Philippines — The Office of the Ombudsman has urged the Sandiganbayan to deny the appeal of Mayor Luisito Marty to reverse its ruling convicting him of graft and usurpation of authority for stopping the operations of two mining firms.

In an opposition paper filed before the anti-graft court’s third division, the prosecution team said Marty failed to raise any new argument in his motion for reconsideration.

“Motion is utterly bereft of merit... the proffered arguments are mere rehash of his previous arguments, all of which have been passed upon and found without merit,” the opposition paper read.

Marty was sentenced to a minimum of six years to a maximum of 10 years in prison for graft and four months to six years for usurpation of authority. He was also perpetually disqualified from holding public office and ordered to pay a fine of P50,000.

The case stemmed from Marty’s refusal to grant permits to Zambales Diversified Metals Corp. and Zambales Chromite Mining Co. Inc. in 2011 even though they complied with certain requirements.

Graft probers said Marty also issued a memorandum directing the municipal treasurer not to accept occupation fees from holders of mineral production-sharing agreement (MPSA) without securing a mayor’s permit.

The prosecution said Marty’s ”criminal intent” was apparent when he required the mining firms to secure a permit from his office before they can be allowed to pay their occupational fees and  continue to operate.

The memorandum was illegal because it was not approved by the Sangguniang Bayan, the ombudsman said.

The municipal government suffered undue injury when it failed to collect income from the mining firms  through the payment of occupation fees as MPSA holders, it added.