The Sandiganbayan has convicted former Amadeo, Cavite province, Mayor Albert Ambagan Jr. for unlawfully ordering construction on residential lots owned by two private individuals in 2008.
Ambagan drew two prison terms totaling at least 12 years to a maximum of 20 years, after the antigraft court’s Special Fourth Division found him guilty of violating Section 3(e) of the Anti Graft and Corrupt Practices Act.
Causing undue injury
Prosecutors accused Ambagan of causing undue injury to Calixto Lumandas and the heirs of Simplicio Lumandas, when he ordered the development of the Balite Falls without the landowners’ consent on Feb. 28, 2008.
Ambagan’s men were said to have demolished the houses and leveled the land despite the lack of proper expropriation proceedings.
In his defense, the mayor said it was a project of the Philippine Tourism Authority and not the municipal government.
No bearing
But the court in its 24-page decision agreed that the Lumandases were “deprived of their right to possess, enjoy or even dispose of their property” due to Ambagan’s actions.
It said the ownership of the project “has no bearing” on the issue because the municipal government was the one tasked to supervise it.
Ambagan’s “active participation” in the project was also established by his own defense witnesses.
Then councilors Donn Clarence Bayot and Joel Iyaya said that the mayor administered the resort project and the municipal government operated the facility.
Iyaya even tried to defend the lack of expropriation proceedings by saying the government meant to enter into a joint venture agreement with the landowners, who received no payment for backing out
of negotiations.
Still, the court held Ambagan in bad faith for pursuing the project without the owners’ consent.
It said he knew that neither the municipality nor the PTA possessed any order of condemnation or written consent to use the land.
Basic principle
“It is a basic principle that the owner of the property has the right to enjoy the same,” read the decision. “For a government entity to take such property, there must be an expropriation, purchase or any other form of agreement, consent or even tolerance from the owner.”
Although a defense witness said he overheard the wife of Simplicio Lumandas agreeing to the project so the area would earn and become beautiful. Ambagan’s camp failed to show any document proving consent.
Justice Geraldine Faith A. Econg penned the decision, with the concurrence of Justices Alex L. Quiroz and Reynaldo P. Cruz.
New conviction
Ambagan’s new conviction comes 18 months after the Supreme Court in October 2015 acquitted him of homicide for the July 2004 killing of Senior Police Officer II Reynaldo Santos and a companion.
This reversed the Sandiganbayan First Division’s June 2012 verdict sentencing him to 12 to 24 years’ imprisonment for allegedly commanding his men to shoot after Santos apprehended their group for carrying firearms.