ILOILO City – The Sandiganbayan’s 6th Division has ordered the suspension of Mayor Rufino Palabrica III of the municipality of Dingle for 90 days.
Palabrica has been charged with violation of the Anti-Graft and Corrupt Practices Act (Republic Act 3019).
He “shall immediately cease and desist from performing the functions of his office upon the implementation of this Order of Preventive Suspension,” read part of the Order penned by Associate Justice Sara Jane Fernandez. Associate Justices Karl Miranda and Kevin Narce Vivero concurred.
The complaint against Palabrica went way back to 2014. In January of that year he issued a business permit to Farmacia Francisca, a drug store and medical clinic that he owned, and also entered into “contract of lease for a market stall in Dingle Public Market (for the pharmacy) by signing for the lessor.”
The Office of the Ombudsman filed two counts of violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act (SB-16-CRM-1080 and SB-16-CRM-1081) against Palabrica for conflict of interest.
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 he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.”
Palabrica had argued that his “entering into a lease contract for a stall at the Dingle Public Market” was in line with Municipal Ordinance No. 2008-005 approved by the Sangguniang Bayan and this was “not prejudicial and disadvantageous to the interest of the municipality.”
He also stressed that the issuance of the business permit to Farmacia Francisca was done in “good faith” as he was “exercising a purely ministerial function as municipal mayor of Dingle” and his action could not, “by any stretch of the imagination, be considered graft and corrupt practices.”
Palabrica could not be reached for comment yesterday. But a staff at his office who asked not to be named for lack of authority to speak on the matter said the mayor has not yet received the Sandiganbayan order.
“Ginhulat ‘ya. Wala pa sia naka-receive,” said the office staff.
Palabrica would be issuing a statement as soon as he had received the order, the staff added/PN