Sta. Cruz, Zambales Mayor Luisito “Chito” Marty was found guilty of graft and usurpation by the Sandiganbayan Third Division after two mining companies were proven to be forced to discontinue operations due to his improper use of authority.
The two mining companies, Zambales Diversified Metals Corporation (ZDMC) and Zambales Chromite Mining Company Inc. (ZCMC), both complied with environmental safety standards yet were still denied of business permits on Marty’s order.
It was also learned that Marty gave direction to the municipal treasurer of Sta. Cruz disallowing acceptance of occupational fees payments from Mineral Production-Sharing Agreement (MPSA) holders without any business permits in their town.
Marty initially faced two counts of usurpation of legislative powers or violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and a violation of Article 239 of the Revised Penal Code.
Despite Marty’s efforts in challenging the prosecutor’s evidence as insufficient and waiving his own right to preserve evidence, the anti-graft court still decided that the prosecution’s evidence was adequate in showing how Marty abused his power by issuing a memorandum without his Sangguniang Bayan’s consensus, urging their town’s municipal treasurer to not accept the payment from MPSA holders.
ZDMC and ZCMC were open in complying with Marty’s requirement of obtaining a business permit from his office before they can pay their occupational fees but Marty turned down said applications.
Marty’s action was based “on the feeble excuse that the approval or denial thereof is dependent upon the reply of the Mines and Geosciences Bureau (MGB) to his alleged letter regarding his request for clarification on ‘various mining issues affecting the municipality of Sta. Cruz, Zambales, particularly environmental tax,’” the court decision read.
“In sum, the court holds that accused Marty’s unilateral issuance of a mere memorandum, which effectively prevented the ZDMC and ZCMC from paying their occupation fees, and his inaction on the business permit application of the ZDMC and ZCMC without any sufficient legal basis and justification unquestionably manifest evident bad faith on his part,” also indicated in the court decision.
Marty, however, managed to get acquitted of his other graft charge after the prosecution failed to prove the damages experienced by ZDMC and ZCMC after the refusal to issue them business permits to operate.
Overall, Marty is expected to pay a fine of P 50,000 and serve jail time of up to six months and one day for usurping legislative powers under the Revised Penal Code. He was also sentenced to up to 10 years in prison for graft.
With his convictions, Marty has been disqualified from holding any public office indefinitely.
