The Sandiganbayan Sixth Division convicted Naga, Zamboanga Sibugay Mayor Gemma Adana of graft in connection with the anomalous use of the municipality’s calamity fund.
Adana was sentenced to a minimum of six years and one month imprisonment as minimum and eight years as maximum for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Adana was also perpetually disqualified from holding public office.
Court records show that on Sept. 30, 2007, she gave her husband, Edgar Adana, and sister Emma Aranas, P45,000 and P40,000, respectively, as cash assistance from the municipality’s calamity fund.
However, the maximum amount given to typhoon victims should only be P10,000.
Adana tried to reason that she was not involved in the preparation of the master list of calamity victims and the determination of the financial assistance for each victim.
She tried to pin everything down on Social Welfare and Development Officer Isabel Tabamo, who, unfortunately, can no longer testify due to her untimely death.
Adana likewise opted not to defend herself in the witness stand.
After carefully examining the evidence on record, the court determined that Adana did give her husband and sister amounts that are “evidently higher than those received by other calamity victims who were similarly situated.”
The court said Adana, as mayor, “had control and responsibility over the release of any government fund of the municipality.”
While she might argue that she was not the one who drafted the master list, the court said Adana is ultimately responsible for the approval and release of those amounts to the victims.
“As the mayor, her signature is needed before disbursement of public funds can be made. No checks can be prepared, and no payment can be effected without her signature on a disbursement voucher and the corresponding check,” the court ruled.
The 32-page decision was penned by Associate Justice Karl Miranda with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Michael Frederick Musngi.
Adana was abducted by the Abu Sayyaf Group from her residence on April 6, 2015. She was reportedly released six months later on Oct. 13, 2015 in Sulu. (Czarina Nicole O. Ong)
