The Sandiganbayan on Tuesday revealed that it has dismissed the appeal of former San Francisco town, Quezon province Mayor Joselito Alega to seek medical treatment and consultation while serving his sentence for lack of merit.
In a three-page resolution promulgated on 16 January, the anti-graft court’s Sixth Division denied Alega’s omnibus motion seeking to avail medical treatment at the National Kidney Center and to be transferred and detained in Criminal Investigation and Detection Group Camp Karingal in Quezon City.
To recall, Alega was convicted for violating Article 244 of the Revised Penal Code over the unlawful appointment of Rosauro Fernandez as municipal administrator in July 2013 despite knowing he was not a college graduate and not qualified for the position.
The Sandiganbayan meted a one-month and one-day jail penalty against the Alega and ordered him to pay a P1,000 fine. He is currently detained in CIDG Camp Crame.
Alega was previously charged with graft in relation to the same appointment but walked free from the raps in February last year.
In seeking the court’s approval, Alega said he is suffering from diabetes mellitus and hypertension and was advised by his physician that he “needs to be supervised 24 hours.” Moreover, he said he is already 63 years old, has difficulty walking, and must be assisted from time to time due to a mild stroke.
The Sandiganbayan, however, said it found no basis to grant Alega’s appeal.
“Aside from his bare allegations of his medical condition, there is nothing in his omnibus motion that would show that he needs constant or urgent medical attention,” the Sandiganbayan said.
The court also took issue on Alega’s failure to show that no hospitals could address his medical needs near the Quezon District Jail.
“At any rate, if the accused, while serving his sentence, needs to undergo medical examination or treatment for specific concern, the court may allow the same upon the filing of the necessary motion,” it said.
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