FORMER Compostela mayor Gilbert Wagas may be committed to the National Bilibid Prisons in Muntinlupa City today to serve his sentence of reclusion perpetua after the graft court found him guilty of malversation of public funds.

The Sandiganbayan declared as ?established, effective, and enforceable? the bench arrest warrant implemented by agents of the National Bureau of Investigation in Central Visayas (NBI-7).

Wagas was flown to Manila yesterday following r his arrest on Wednesday afternoon inside SM City at the North Reclamation Area in Cebu City.

Wagas will be brought to Muntinlupa to serve his sentence after the graft court found him guilty of malversation of public funds, said NBI-7 Senior Agent Arnel Pura, the leader of the team who arrested Wagas.

?The bench arrest warrant issued against Wagas was for execution of judgment and for him to serve his sentence,? Pura told CEBU DAILY NEWS.

Pura said the motion for reconsideration which Wagas' camp said remains unresolved by the Supreme Court (SC) was ?false? and pure ?imagination.?

On Oct. 8, 2001, Associate Justice Rodolfo Palattao of the Sandiganbayan's fourth division has found Wagas guilty of misappropriating P376,618.65.

He, along with former municipal treasurer Dominador Maravillas, were sentenced to reclusion perpetua or at least 30 years imprisonment.

The accused were also ordered to pay the misappropriated money.

The two accused contested the order of the Sandiganbayan before the SC which denied the motion for reconsideration and a motion to admit petition for certiorari since the petition was filed out of the allowed reglementary period.

Wagas said they had filed another motion for reconsideration which remains unresolved until now.

But a Regional Trial Court judge in Cebu City said a second motion for reconsideration may not be admitted by the High Court.

The judge told CEBU DAILY NEWS that in a case of Ortigas and Company Limited Partnership versus Velasco, the High Court assailed that a ?second motion is forbidden except for extraordinary persuasive reasons.?

But Wagas' brother and Compostela town Mayor Ritchie Wagas said they will contest the arrest.

?We will have our legal action. As of now, we will abide with any court order,? Ritchie said.

He said his brother is willing to face whatever action the court will implement.

Wagas, he said, has over 10 Manila-based lawyers who were committed to help the former town mayor.

Even if in jail, he added his brother would still run against incumbent Rep. Red Durano in the fifth district in 2010.

?No one can stop us,? said Ritchie who will run for re-election.

Wagas was brought to the Sandiganbayan yesterday morning by three NBI agents.

He was presented to the Sandiganbayan fourth division who issued the bench warrant of arrest last July 2, 2003.

Medardo de Lemos, NBI-7 director, said the bench warrant was effective as certified by the clerk of court of the Sandiganbayan's fourth division.

He said Wilfredo Calo sent a request, asking them about the status of the bench arrest warrant agianst Wagas which remained to be unimplemented.

Calo, who used to be the police chief of the Compostela police and is a town councilor, asked the NBI-7 to enforce the laws.

?As the agency tasked of enforcing the laws of the land including the final judgments of the court, it is desired that your bureau will take the lead of enforcing the judgment of the Sandiganbayan and to effect the arrest of a fugitive from justice in the person of Gilbert Wagas so that justice will finally be served on the people of Compostela,? Calo said in his request.

De Lemos said they verified with the Sandiganbayan the effectivity of the bench arrest warrant.

He said upon learning that they could still enforce it, the agents implemented the arrest on Wagas.

Durano denied any hand in the arrest of their political rival, Wagas.

The congressman said his camp welcomed the arrest because justice was served on the people of Compostela town.

?We are already tired of being blamed for all their wrongdoings. Tanan nalang sala ug ilang mga kapalpakan ilang ipahid sa mga Duranos. Kana iyang case nga dugay naman na. Si congressman (Red Durano) was still not in politics in 2002 or 2003,? said Yamie Vestal, Durano's spokesperson.