Court rejects request for leniency from convicted ex-Pampanga mayor

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The Sandiganbayan says granting former Masantol, Pampanga mayor Corazon Lacap’s plea for house or hospital arrest would set an unwarranted precedent, giving her special treatment based solely on health grounds

MANILA, Philippines – The anti-graft court Sandiganbayan has rejected a former Pampanga mayor’s plea for house or hospital arrest, ruling that she must serve her sentence for violating the Anti-Graft and Corrupt Practices Act without any special treatment.

Corazon Lacap, former mayor of Masantol, Pampanga, who was convicted for refusing to approve a business permit for an applicant whom she held a personal vendetta against, will now face incarceration, despite her claims of serious health concerns. 

She had cited her failing eyesight, diabetes, and hypertension as reasons she should be allowed to serve her sentence under more lenient conditions.

In denying the plea, the court said that granting Lacap’s plea for house or hospital arrest would establish an unwarranted precedent, offering her special treatment based on health grounds alone.

Her conviction stemmed from a bitter dispute in which Lacap allegedly retaliated against the complainant who had previously filed criminal and administrative complaints against her and her husband, resulting from an earlier disagreement. The complainant’s business permit request was denied under what the court saw as a vindictive motive.

Lacap’s conviction by the Sandiganbayan in 2011 was affirmed by the Supreme Court in 2017, making her sentence final. Despite her health concerns, the Sandiganbayan’s 4th Division determined that Lacap would not be granted an exception, rejecting her plea for a more lenient confinement option.

In a resolution issued on April 23, the anti-graft court ruled that no compelling reasons had been presented to justify an alternative confinement. Lacap’s legal team had argued for house or hospital arrest, citing the case of former senator Juan Ponce Enrile, whose age and health-related considerations had resulted in a similar request being granted during his legal proceedings.

However, prosecutors swiftly opposed Lacap’s argument, pointing out that Enrile’s case was still pending when leniency was extended to him, a contrast to Lacap’s already-finalized conviction.

The Sandiganbayan, in its decision, stated that Lacap’s reliance on the Enrile case was “misplaced” even as it emphasized that the finality of her conviction left no room for further legal review, rendering the matter of her confinement a procedural certainty.

“At this juncture, it is beyond dispute that the judgment against accused Lacap has attained finality and is now executory. There remains no legal impediment to immediate service of her sentence,” the court wrote.

The decision also addressed Lacap’s medical claims, pointing out that any treatment she required, including surgery for her eye condition, could be sufficiently provided within the detention system. – Rappler.com