Panglao councilor Leonila Montero is bent on her quest for justice after the Sandiganbayan found her guilty of 4 counts of graft and corruption.
In a radio interview over dyTR, Montero disclosed her sentiments regarding the Sandiganbayan decision on her case.
Montero said in the interview that she hired the 4 persons because she believed that they can contribute a lot to the development of the town of Panlao during her first term as mayor.
As this developed, Montero said that she would file a motion for reconsideration before the Sandiganbayan regarding her case with the hope that the court will reverse its earlier decision.
Montero can also make a final appeal before the Supreme Court if she wishes to exhaust all available legal remedies.
Montero expressed sadness following the decision made by the Sandiganbayan.
She said that her family believes that her move to hire the 4 losing candidates as job order workers was done with good intentions in her mind.
She insists that she never benefitted from the hiring of the 4 persons.
While Montero was found guilty for violation of the Anti-Graft and Corrupt Practices Act, the Sandiganbayan acquitted her of violation of Article 244 the Revised Penal Code which pertains to unlawful appointments.
This is where it gets interesting as Montero is looking to leverage the fact that it was proven that there is no illegal hiring or appointment. She hopes the Sandiganbayan considers her contention and would reverse its decision.
The Sandiganbayan decision was penned by Associate Justice Karl Miranda and promulgated on Oct. 26, 2022.
The anti-graft court sentenced Montero to at least 24 years in prison for hiring 4 losing candidates to job order positions.
The anti-graft court, in a 49-page decision, said Montero violated Sec. 3 (c) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Moreover, Montero has been ordered to pay the Municipality of Panglao P1.3 million as payment for the salaries and benefits given to the 4 job order workers plus legal interest.
BACKGROUND
The decision of the Sandiganbayan stems from the case filed by Augustine Cloribel against then Mayor Montero for the hiring of 4 losing candidates in the 2013 elections, as job order workers.
Cloribel, a known critic of Montero, accused the former Mayor of unlawful hiring of Noel Hormachuelos as municipal administrator/consultant, Danilo Reyes as public information officer, Apolinario Fudalan as public employment service office coordinator and Fernando Penales as consultant for infrastructure and engineering services.
Back in 2013, Hormachuelos lost in his bid for vice mayor as Reyes, Fudalan and Penales also did not win as municipal councilors.
Thus, Cloribel insists that the hiring of the losing candidates within the 1 year ban is an illegal act of Mayor Montero.
Montero was charged with grave misconduct but the Ombudsman downgraded the charge to simple misconduct.
However, the Ombudsman took a second look at the case which led to Montero’s dismissal as mayor due to grave misconduct.
Montero was reinstated after almost a year following the decision of Court of Appeals downgrading the earlier decision of the Ombudsman of grave misconduct to simple misconduct.
Yet, while the administrative complaint was resolved the criminal aspect of Cloribel’s case was filed before the Sandiganbayan which led to the decision.