NextGen Day

MANILA – The Sandiganbayan has acquitted a former Eastern Samar town mayor of charges stemming from his defiance of a Civil Service Commission order to restore and pay back salaries to two municipal employees (CSC).

Former San Policarpio, Eastern Samar Mayor Conrado Nicart III was acquitted of charges under the Anti-Graft and Corrupt Practices Act in a 79-page decision written by Associate Justice Sarah Jane T. Fernandez on March 31. (RA 3019).

Nicart was charged in 2012 for failing and refusing to reinstate Diosdado B. Cidro and Anita P. Moscosa to their respective posts as agriculturist technician and budgeting aide, as mandated by the CSC in its April 17, 2012 ruling.

The mayor had requested a reversal of the CSC decision, but it was denied. Nicart then filed a formal case against Cidro, Moscosa, and municipal civil registrar Virginia Acol in January 2013, alleging dishonesty, grave misconduct, and conduct adverse to the service’s best interests.

A month later, the mayor ordered the three to be fired from their jobs. Later, Acol would resign.

When Nicart was no longer the mayor in 2016, Cidro received a check for PHP182,816 from the municipality, which covered the period from January 2012 to February 2013, or nearly 14 months’ income.

Moscosa, meantime, received a payment of PHP140,112 in 2016 for back salaries from January 2012 to February 2013.

Nicart was acquitted because the prosecution failed to show his guilt beyond a reasonable doubt, according to the court.

“(W)hile the prosecution demonstrated that accused Nicart behaved in bad faith and with gross inexcusable negligence, the evidence provided failed to establish that Cidro and Moscosa suffered excessive injury or damage. Without one of the fundamental elements of a breach of RA 3019, accused Nicart must be acquitted “According to the tribunal.

Karl B. Miranda and Kevin Narce B. Vivero, both associate justices, agreed.

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