Zosima Cuizon, once the municipal budget officer of Dapa, Surigao del Norte, thought her health struggles would finally grant her a stay at home rather than a cold prison cell. But the Sandiganbayan Third Division didn't budge this week. They issued a resolution that puts a firm stop to her hopes of serving her graft sentence in the comfort of her own bedroom.

She isn't alone in this legal mess. Along with her are former Dapa mayor Peter Ruaya and ex-bids and awards committee member Alicia Duero. All three were found guilty of breaking the Anti-Graft and Corrupt Practices Act after a messy 2008 procurement scandal that left the municipality P13.03 million poorer.

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

That P13-million project wasn't just some small bookkeeping error. The equipment wasn't even listed in the annual procurement plan, which is essentially the town's shopping list for the year. The heavy machines were delivered and received by the local government before the bidding process even started. It was clear to investigators that someone had tipped the scales to favor a specific supplier.

Zosima Cuizon, now physically incapacitated, submitted a medical certificate from the Siargao Island Medical Center. The report says she’s suffered a stroke that left her unable to move her hands or legs. She's now completely dependent on a private nurse for 24-hour care. She argued that a prison environment would be impossible to manage given her condition.

The anti-graft court was blunt in its response. They explained that under the Revised Penal Code, home confinement is only permitted for very minor offenses involving a maximum of 30 days of jail time. Her case, which carries a sentence of six to eight years, falls squarely into a much heavier category known as prision mayor.

If the judges had allowed her to stay home, they would have essentially been creating their own law—a power they don't have. Only Congress can change how sentences are served. By sticking to the books, they avoid stepping on the toes of the President, who holds the exclusive power to grant reprieves or pardons.

Since her motion for reconsideration was already denied with finality by the Supreme Court back in January 2024, her legal options have shrunk to almost nothing. The Sandiganbayan is now pushing her camp to look toward the Board of Pardons and Parole instead. If she wants to walk free, or at least sleep in her own home, she needs an executive clemency signed by the Office of the President.

The Bureau of Corrections is being told to step up. The court has issued a formal commitment order, explicitly directing the agency to handle her specific medical requirements while she is in custody. They can't just throw her in a regular cell and forget about her, even if they can't let her go home.

This decision concludes a long road for the Dapa, Surigao del Norte leadership. The case dragged on for nearly two decades, serving as a reminder of how procurement anomalies can hang over public officials long after their term in office ends. The perpetual disqualification from public service remains a part of her sentence, meaning her days in government are truly over.

The Legal Hurdles

  • The Revised Penal Code limits house arrest strictly to arresto menor, which covers very minor violations involving 30 days or less.
  • Because the Anti-Graft and Corrupt Practices Act classifies their crime under prision mayor, the required jail time is six to 12 years.
  • The Sandiganbayan Third Division handles cases involving public officials, ensuring that no special treatment is given based on health status unless explicitly written into the code.
  • The Bureau of Corrections (BuCor) is now responsible for ensuring the prisoner receives necessary medical care within the detention facility.
  • Executive clemency remains the only legal path left for the convict. It requires a review process through the Board of Pardons and Parole before reaching the President’s desk.