Former Southern Leyte mayor acquitted of graft

MANILA, Philippines — Former mayor Napoleon Cuaton of Saint Bernard, Southern Leyte has been cleared of graft over the dismissal of a municipal employee in 2013.

In a 20-page decision promulgated on June 21, the Sandiganbayan’s Second Division said that while the Office of the Ombudsman established that Cuaton terminated a municipal employee without valid justification, it failed to prove that the act was done “with evident bad faith, manifest partiality or gross inexcusable negligence,” a key element of a graft offense.

The court said Cuaton was able to prove that the termination order was an “honest mistake” and due to miscommunication with his secretary.

The ombudsman indicted Cuaton in November 2017 for violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits public officials from giving unwarranted benefit, advantage or preference to any private party or from causing any party, including the government, undue injury.

The ombudsman said Cuaton issued an order dated July 9, 2013 terminating administrative aide Gerry Mencide “without valid cause or legal basis.”

During the trial, Cuaton said he received a report from the general services office that the municipal government’s backhoe was beyond repair and identified Mencide, who was the municipal driver, as responsible for the damage.

Cuaton said he ordered his secretary to prepare a letter asking an explanation from Mencide, but a letter of termination was instead prepared.

The former mayor said he only learned of the mistake after Mencide appealed his termination before the Civil Service Commission (CSC). 

The court noted that two letters, dated Sept. 2 and Sept. 9, 2013, were sent by the mayor’s office to Mencide directing him to report back to work, but the latter in a reply letter dated Sept. 18, declined saying he would wait for the final decision of the CSC.

The Sandiganbayan said Cuaton’s action upon learning of the erroneous termination order negates the element of bad faith.