ILOILO – The Sandiganbayan’s Special Sixth Division has convicted for graft Mayor Rufino Palabrica III of the municipality of Dingle.
The anti-graft court found Palabrica guilty of violating Section 3(h) of the Anti-Graft and Corrupt Practices Act for issuing a business permit to his pharmacy and medical clinic, Farmacia Francisca, at the Dingle public market and entering into a contract of lease with it in January 2014.
Section 3(h) prohibits public officials from “directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which (t)he(y) intervene or take part in (their) official capacity, or in which (t)he(y are) prohibited by the Constitution or by any law from having any interest.”
In filing the complaint for two counts of graft against Palabrica, a physician, before the Sandiganbayan in November 2016, the Office of the Ombudsman said there was conflict of interest.
For each count of graft – for issuing the business permit to his pharmacy and for entering into a lease agreement with himself both as lessee and lessor – the Sandiganbayan sentenced Palabrica to a maximum of eight years in prison.
Palabrica was also perpetually disqualified from holding public office.
The Sandiganbayan issued the ruling on July 19, 2019. The 43-page decision was signed by Special Sixth Division chairperson Associate Justice Sara Jane Fernandez and Associate Justices Kevin Narce Vivero, Karl Miranda, Michael Frederick Musngi, Georgina Hidalgo, and Presiding Justice Amparo Cabotaje-Tang.
Palabrica could not be reached for comment as of this writing.
But in his defense presented to the Sandiganbayan, Palabrica argued that his issuance of a business permit was a ministerial duty and not because of financial or pecuniary interest.
Also, while he admitted holding clinic at his pharmacy, he said he was doing it pro bono and was not charging patients with professional fees.
Palabrica also cited Department of Interior and Local Government (DILG) Opinion No. 99 Series of 2010 justifying his continued practice of his medical profession while being mayor.
Associate Justice Hidalgo, however, in a separate concurring opinion stressed that a “DILG Opinion cannot amend laws, more so create an exemption that is not written in the law.”
The Local Government Code of 1991 prohibits local chief executives from practicing their professions while in office.
The Sandiganbayan also criticized Palabrica for juggling public office and the private practice of his profession.
“When he took his oath of office as the local chief executive of Dingle, a significant change of circumstances came into play. Public interest took center stage. Suffice it to say that being the mayor is a full-time job, and juggling between one’s public office and the private practice of one’s medical profession is perceptively improper. Trying to hit two birds with one stone in this context will, in the long run, adversely affect a public officer’s unflinching commitment to public service,” read part of the court decision.
It added: “Admittedly, accused has cashed in as a doctor and proprietor of Farmacia Francisca while on official time. Such personal gain was obtained through official conduct, other than as provided by law or as a natural consequence of his official position or title. This is akin to outside work that impairs of conflicts with the performance of one’s public duties.”/PN
