Sandiganbayan rejects bedridden graft convict’s appeal for ‘home medical care’

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A bedridden former budget officer in a town in Surigao del Norte, convicted for graft, is told to apply for executive clemency instead

MANILA, Philippines – The anti-graft court Sandiganbayan has turned down the motion of a former municipal budget officer that she be allowed to serve her prison sentence at home since she is already bedridden. 

The Third Division of the Sandiganbayan, in a resolution issued on Monday, May 25, denied for lack of legal basis the request of Zosima Cuizon for compassionate relief.

Cuizon, a former municipal budget officer of the town of Dapa, Surigao del Norte; Peter Ruaya, former Dapa mayor; and former bids and awards committee member Alicia Duero, were all convicted of graft and sentenced to six to eight years in prison and perpetually disqualified from public office. 

The three were found guilty of anomalously procuring P13.03 million of heavy equipment in 2008. The procurement was not included in the annual procurement plan of the municipal government, and the heavy equipment were delivered and received by the local government even before the bidding was conducted.

Prosecutors said this showed the chosen supplier was given undue advantage by the respondents. 

Cuizon’s motion for reconsideration was denied with finality by the First Division of the Supreme Court in January 2024. 

Cuizon submitted to the court a medical certificate from the Siargao Island Medical Center which said that she can no longer use both hands and legs due to a stroke, and that she depends on a private nurse round the clock. 

The Sandiganbayan, however, said there is no law in the country that supports “home medical care” as alternative to imprisonment. 

It said the Revised Penal Code only allows service of sentence in the residence of a convicted person if the penalty is arresto menor or a maximum of 30 days. 

In the case of Cuizon, her violation of the Anti-Graft and Corrupt Practices Act falls under prison mayor or six to 12 years. 

“The court is constrained to deny her motion for lack of legal basis. To grant the same would be tantamount to judicial legislation, as it would entail amending the law, which is constitutionally vested in Congress,” said the Sandiganbayan. 

The court said it cannot arrogate unto itself the power to modify a final and executory judgment. 

Doing so would be tantamount to usurping the power of the President to grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.

The Sandiganbayan recommended that the defense file an application for executive clemency. This could mean a reprieve, commutation of sentence, or pardon, depending on the recommendation of the Board of Pardons and Parole to the Office of the President. 

The anti-graft court, meantime, issued a commitment order for Cuizon, which included a directive to the Bureau of Corrections to attend to her medical condition. – Rappler.com