The Sandiganbayan has acquitted the former mayor of Mambusao, Capiz, of allegedly refusing to sign a subordinate’s performance evaluation so he could receive a bonus.
In a 26-page decision dated Dec. 7, the court’s Fifth Division said the prosecution failed to establish that former Mayor Jose Alba Jr. acted with evident bad faith and manifest partiality against then municipal budget officer Alma Moises in 2005.
Alba was charged with unreasonably refusing to sign Moises’ performance evaluation report (PEF) for the first half of 2005 and performance target for the second half of the year, depriving her of a P2,000 productivity incentive bonus.
The court noted that Moises herself admitted in the witness stand that the mayor would sign the document “if he agrees on the performance evaluation that I prepare.”
This meant Alba “has the prerogative not to sign the PEF if he disagrees with the ratings.”
Associate Justice Maria Theresa V. Mendoza-Arcega penned the decision with the concurrence of Associate Justices Rafael R. Lagos and Lorifel L. Pahimna.