By Felipe V. Celino
ROXAS CITY, Capiz – A lawyer from Brgy. Nilateran in Panay, Capiz was hailed for reversing the conviction of a retired government executive in a graft case.
Atty. Nelson Borja, who is based in Quezon City, was able to reverse the graft case against Monica F. Tierra of Novaliches Quezon City, the former division chief of the General Services office of the Philippines Children’s Medical Center (PCMC)
Tierra was acquitted for anti-graft charges in a new trial after she was previously convicted by the Regional Trial Court (RTC) in Quezon City.
In a new decision promulgated by Judge Rosanna Fe Romero-Maglaya recently, Tierra was found innocent after the trial court reversed its previous decision in December 2016 that meted her the penalty of 6 years and 2 months imprisonment and forfeiture of her retirement benefits after having served the government for 40 years.
Tierra is one of several high-profile personality clients which Borja defended in criminal cases.
Borja was also the legal counsel of Ramon Tulfo and brother Erwin Tulfo in several cases.
In a 10-page resolution, the court sustained the arguments of Borja, who presented witness Arturo Magbanua. It was learned that Magbanua retracted his previous testimony against Tierra when he was presented by the prosecution in 2012.
Borja said that Magbanua was bothered by his conscience and frequently got sick when he falsely testified against Tierra.
In his testimony, Magbanua claimed Tierra was not responsible for the employment of her sister Rosalinda Alvaro with Philcare Manpower Services that provides janitorial services to PCMC.
Magbanua, a supervisor of Philcare janitorial services, claimed that he was forced to testify against Tierra after he was pressured by the former director of the hospital and was promised regular employment and promotion.
In support of the charges filed before the Office of the Ombudsman, Tierra, being then the chief of the general services division, was allegedly responsible for the evaluation and grading of her sister’s performance at the hospital that violates Republic Act 3019 known as Anti-Graft and Corrupt Practices Act “by accepting or having any member of family accept employment in a private enterprise which has pending official business with her during the pendency thereof”.
On the other hand, Borja said that the case would serve as a reminder to all concerned because not all government employees are basically aware of this law that is being violated by reason of undue influence or accommodation in favor of relatives who have pending transactions with their office.
Now that the Holy Week had passed, Tierra said that she was thankful to Borja for her acquittal through the mercy of God and intercession of the Blessed Virgin Mary.
“I also wish to share our blessings to those directly affected by typhoon Agaton that hit Western Visayas,” Borja confided.
