Panglao mayor returns

after 90-day suspension

- Sandigan: strong evidence to convict mayor

Panglao Mayor Leonila Montero returns to work as the 90-day suspension meted against her by
the Sandiganbayan officially ends today.

Montero was served the Sandiganbayan’s suspension order last August 3, 2019 in connection
with cases filed against her before the anti-graft court’s 6th Division for 4 counts of graft and
another 4 counts for unlawful appointment of defeated candidates.

Despite having served the suspension, the anti-graft court finds there is strong evidence to
convict Montero of the charges filed against her.

In a resolution promulgated on October 4, the Sandiganbayan’s 6th Division said that the
evidence presented by state prosecutors is “sufficient to support a verdict of guilt, if unrebutted.”

State prosecutors handling the case against Montero completed its presentation of evidence
before the anti-graft court last May. Consequently, through her lawyers, Montero filed a motion
for leave of court to file a demurrer to evidence, which would have allowed the Panglao mayor to
argue the dismissal of her case prior to presenting her defense to the charges.

However, in its resolution, the anti-graft court denied Montero’s motion saying that after a
thorough review of the records of the cases, the evidence submitted by the prosecution is
sufficient to support a guilty verdict for the crimes of Unlawful Appointments under Article 244
of the Revised Penal Code and for violation of Section 3(e) of R.A. 3019, otherwise known as
the Anti-Graft and Corrupt Practices Act.

The Sandiganbayan however said that Montero may insist on filing her demurrer to evidence
without leave of court but this would mean a waiver of her right to present evidence and
therefore submits the cases for judgment on the basis of the evidence of the prosecution, in
accordance with Section 23, Rule 119 of the Revised Rules of Criminal Procedure.

It may be recalled that the cases stemmed from Montero’s defiance of the one-year prohibition of
appointing defeated candidates under the Constitution and the Local Government Code. During
her first term of office, on July 2013, Montero hired party-mates who lost the May 2013 national
and local elections.

Despite Montero’s claim that said losing candidates were hired as consultants on job order basis,
the Ombudsman found that these were appointments to government positions.

Ombudsman graft investigators also found the losing candidates were hired without contracts of
service or appointments approved by the Sangguniang Bayan of Panglao.
During Montero’s 90-day suspension, Panglao Vice Mayor Briccio Brian Velasco served as
acting mayor, while Benedicto Alcala, the municipal councilor who received the highest number
of votes, temporarily served as vice mayor.