THE Sandiganbayan has denied the appeal of Iligan City mayor Celso Regencia seeking the reversal of his conviction on a charge of usurpation of official functions for acting as local chief executive while still under detention.
In a seven-page resolution by the Seventh Division, the court affirmed its February 11, 2022 decision that pronounced Regencia guilty of violation of Article 177 of the Revised Penal Code, which penalizes performing acts of a public officer by pretense of official position.
The anti-graft court said that Regencia had no authority to assume the powers of his office as city mayor while he was under detention from October 2015 to January 2017 at the Iigan City Jail on charges of murder and frustrated murder.
While the charges were subsequently dismissed, the Office of the President placed the defendant under a six-month suspension that ended on October 19, 2015.
In his motion for reconsideration, Regencia claimed the court violated his constitutional right to be informed of the nature of the accusation leveled against him by including his acts supposedly beyond the scope of the criminal information which cited only “November 2015, sometime prior or subsequent thereto.”
He argued that the case involved his issuances from July 2016 onwards including the last portion of his second term going into his third term even if they should not have counted.
The defense also asserted that there was no official service of the October 21, 2015 letter from Department of the Interior and Local Government’s barring him from reassuming his authority as mayor.
The Sandiganbayan said the Ombudsman cannot be tied to the allegations in the complaint when it issues an indictment.
It reiterated that all his official acts and issuances while in detention from October 2015 to January 2017 are subject to the Court’s scrutiny.
In addition, it cited Regencia’s own testimony where he confirmed that he was aware of the letters from the DILG but decided to act under the belief that the activities of the city government “will be paralyzed” if he should not do so.
The Sandiganbayan pointed out that the Local Government Code has provisions on succession in the local chief executive position in case of temporary legal or physical incapacity to ensure that there is no power vacuum.
“Accordingly, we find nothing in accused Regencia’s motion that compels us to disturb the assailed Decision,” the Sandiganbayan said.
