The Sandiganbayan has ruled that former Mahinog, Camiguin Mayor Alex Jajalla violated laws against graft and corruption when he granted his brother, Misael Rullon, a leave with pay for six months.
The decision from the聽 anti-graft court, dated September 27, was released Monday, stating among others that Jajalla took advantage of his position and breached section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
Section 3(e) states that 鈥淐ausing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions [鈥 is a corrupt practice.
鈥淲e find that accused acted with gross inexcusable negligence in approving Misael鈥檚 irregular application for rehabilitation leave,鈥� the Sandiganbayan said.
鈥淕ross negligence is the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and聽intentionally, with a conscious indifference to consequences as far as other persons are concerned,鈥� it added.
All three elements of violation of the said section are present in Jajalla鈥檚 case, as per the anti-graft court.
鈥淭he accused must be a public officer discharging administrative, judicial or official functions. He must have acted with manifest partiality, evident bad faith聽or gross inexcusable negligence. His action caused any undue injury to any party, including the government, or gave any private party unwarranted benefit, advantage or preference in the discharge of his functions,鈥� Sandiganbayan said.
According to the court鈥檚 records, Jajalla approved the leave sometime in July 2008, which gave Misael a total of P69,366 in salaries and allowances 鈥渆ven while he was not rendering work鈥� and even if 鈥渢he injuries suffered by him were not sustained while in the performance of his official duties.鈥�
Aside from being perpetually disqualified from holding public office, Jajalla will also serve a minimum of six years and one month to a maximum of eight years of jail time. /ee