Ruffy Biazon to file motion for reconsideration amid graft conviction
Muntinlupa Mayor Ruffy Biazon
MANILA, Philippines — Muntinlupa Mayor Ruffy Biazon has expressed surprise over the Sandiganbayan’s decision to convict him of graft over a case related to the pork barrel scam, given that other cases against him before the anti-graft court have been dismissed.
Biazon, through a statement issued by his spokesperson Mitchell-David Espiritu on Friday, said that they respect the Sandiganbayan Special Seventh Division’s decision on the graft case against him.
However, the local chief executive noted that the Sandiganbayan’s decision is not yet final, and may be up for appeal.
READ: Biazon, Napoles, 3 others guilty of graft in pork barrel scam
“We respect the decision of the Sandiganbayan. It is part of our processes for attaining justice. Even so, we are surprised over the decision against Mayor Ruffy Biazon regarding accusations of violating Republic Act 3019 — especially since he was previously acquitted of charges involving the use of public funds,” Espiritu, in Filipino, said in the statement posted on Biazon’s official Facebook page.
“We are hoping that like the initial cases, Mayor Ruffy will also be acquitted at the end of this judicial process. We know that this is part of due process, that’s why we will respectfully abide with the possible legal remedies […] It is also important to clarfiy that this decision is not final,” Espiritu added.
Motion for reconsideration
According to Espiritu, they will file a motion for reconsideration in a bid to overturn the ruling.
“We will file a Motion for Reconsideration to ask that the Sandiganbayan study again the decision, and we will push for legal steps to clear his name,” he said.
“According to Mayor Ruffy, he will continue to uphold the law — the same law that gives him the right and space to clear his name and defend himself against these accusations,” he added.
Espiritu, a lawyer by profession, also noted that the law states that Biazon would remain as Muntinlupa’s mayor.
“According to the law, Mayor Ruffy will stay at his post, and will continue to serve according to the mandate given to him by Muntinlupa residents,” Espiritu claimed.
READ: Rep. Ruffy Biazon wins Muntinlupa City mayoral race
In its decision dated May 30, Sandiganbayan’s Special Seventh Division found Biazon, businesswoman Janet Lim Napoles, and other accused guilty of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, after the prosecution was able to prove the presence of all three elements of graft.
Biazon was charged for channeling part of his pork barrel, or the Priority Development Assistance Funds (PDAF) as a former Muntinlupa representative, to Philippine Social Development Foundation, Inc. (PSDFI).
PSDFI is a non-government organization (NGO) operated and controlled by Napoles, which Biazon tapped to implement a livelihood project for barangays in Muntinlupa. The funds allocated to PSDFI from Biazon’s PDAF was said to be worth P3 million.
With the conviction, Biazon, Napoles, and three other co-accused are sentenced to prison time of six years and one month as minimum, up to a maximum period of eight years. They are also disqualified from holding any public office.
Biazon however was not deemed to have civil liability in terms of returning the PDAF funds used for the project, as Napoles and her cohort will be asked to return P2.7 million.
According to the special division, Biazon claimed that he only endorsed PSDFI to the Technology Resource Center (TRC) and that his endorsement letter was merely a recommendation. However, the court noted that Biazon’s letter did not seem to be an endorsement, but an instruction of the former lawmaker on how his PDAF should be used.
Biazon also claimed that Benhur Luy, a close Napoles associate who turned state witness for the different pork barrel cases, forged his signature on the liquidation documents related to the project. However, Sandiganbayan noted it could not be ascertained that Biazon objected to the forging of his signature./mr