BACOLOD City – The Sandiganbayan 7th Division has cleared Cauayan, Negros Occidental mayor John Rey Tabujara of his graft case.
The prosecution has “failed to prove the guilt of Tabujara beyond reasonable doubt,” Associate Justice Ma. Theresa Dolores Gomez-Estoesta wrote in a resolution dated Sept. 7.
Tabujara allegedly violated Section 3(f) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act.
In 2010, Tabujara ordered the transfer of nurse Mae Joy Magbanua from the Cauayan District Hospital to the health center of Barangay Talacdan where there was a dengue outbreak.
Magbanua was against her new work assignment. She filed an appeal before the Civil Service Commission.
But Tabujara did not hold in abeyance Magbanua’s reassignment order, prompting the latter to file a complaint against the mayor before the Office of the Ombudsman.
Section 3(f) of RA 3019 prohibits government officials from “neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.”
In 2016, the Ombudsman found probable cause to indict Tabujara before the Sandiganbayan for refusing without justification to act on Magbanua’s request to put on hold her work reassignment.
In August 2017, Tabujara was slapped with a 90-day preventive suspension order in relation to the case.
Now that he was acquitted, the Sandiganbayan ordered to cancel Tabujara’s hold departure order./PN
