Usurpation of Authority

The anti-graft court Sandiganbayan has affirmed the conviction of Iligan City Mayor Celso G.
Regencia for continuing to act as the city’s chief executive despite detention for involvement in
the ambush of a lawmaker.

In a recent ruling the Sandiganbayan Seventh Division said it found no reason to disturb its Feb.
11 decision finding Regencia guilty of usurpation of official functions under Article 177 of the
Revised Penal Code.

The anti-graft panel sentenced him to imprisonment of two months and one day to one year and
eight months.

Regencia sought a reversal of the decision by filing a motion for reconsideration.

In his motion, the city mayor argued that he was not aware that he was already violating the law
by continuing to execute his mayoral responsibilities despite detention in 2015.

Regencia claimed he came to know about the violation after belatedly receiving on Nov. 4, 2015,
a letter from the Department of Interior and Local Government directing him to cease and desist
from acting as mayor from October 13 to 30, 2015.

The court explained that Regencia is barred from exercising his duties as a mayor in view of his
temporary incapacity for being under detention.

Regencia had been arrested and detained in 2015 following the ambush of former Iligan City
Rep. Vicente Belmonte and several others a year earlier.

Regencia was tagged as the mastermind of the ambush that resulted in the death of four men
and the wounding of Belmonte and three other members of his party.

In junking Regencia’s appeal, the Sandiganbayan said it found nothing in his argument to
convince the court to reverse its previous decision.

“Regencia’s argument stems from the wrong premise that the operative act which rendered him
incapacitated to perform the duties of his office is a notice from the DILG to this effect,” read the
resolution written by Associate Justice Zaldy V. Trespeses.

The panel stressed that “automatic” transfer of mayoral authority from the local chief executive
to the vice mayor was expected as soon as the former’s incapacity has been confirmed.

Associate Justices Ma. Theresa Dolores C. Gomez-Estoesta and Georgina D. Hidalgo concurred
with the ruling.