Ombudsman blocks new Abalos bid to dismiss P1.7-M graft rap

MANILA, Philippines — State prosecutors from the Office of the Ombudsman have asked the anti-graft court Sandiganbayan to uphold its decision to proceed with the trial of former Commission on Elections Chairman Benjamin Abalos Sr. for a graft case in connection with the alleged anomalous purchase of service vehicles in 2003.

 

In its opposition paper filed before the court's Sixth Division, ombudsman's prosecution team described as a “mere scrap of paper” Abalos' second motion for reconsideration which seeks the reversal of the court's earlier ruling denying his motion to quash the case.

 

The prosecution said that aside from being filed beyond the 15-day reglamentary period provided under the Rules of Court, Abalos' second appeal can also be considered a “prohibited pleading” as the Seventh Division had already ruled twice that a full-blown trial of the case must proceed.

 

It was on February 2 when the Sixth Division denied Abalos' motion to quash the case. The Sixth Division found no merit in Abalos' claim that the ombudsman violated his constitutional right to a speedy disposition of the case due to the supposed inordinate delay in its investigation.

 

Abalos filed an appeal last month but it was likewise denied by the court.

 

The prosecution said Abalos failed to state “extraordinary persuasive reason” for the court to relax the rules against the filing of a second motion for reconsideration.

 

“Clearly, the issues raised in the second motion is neither novel or of the first impression. Thus, the instant motion should be denied outright for being a prohibited pleading,” the prosecution said.

 

The prosecution said that instead of raising new arguments, Abalos merely reiterated the supposed inordinate delay on the part of the ombudsman as ground in seeking the dismissal of the case.

 

“However, upon perusal of the second motion, it is clearly apparent that the arguments therein are mere rehash of the arguments already passed upon and resolved by the Honorable Court,” the opposition paper read.

 

The prosecution pointed out the Sixth Division, both in its February 2 and May 18 resolutions, had already maintained that there was no inordinate delay in the ombudsman's investigation of the complaint against the former Comelec chief.

 

The Sixth Division maintained that the ombudsman investigation only began on August 23, 2013 and not in October 2008 as earlier claimed by Abalos. The court also said that since the start of the investigation in 2013, the ombudsman has been exerting efforts to get Abalos' side and to resolve the complaint.

 

In his second motion for reconsideration filed on June 7, Abalos said even assuming that the ombudsman's investigation only began in 2013, there was still a delay of more than three years before the agency filed the case in court. Abalos also maintained that the “inordinate delay” in the investigation made him suffer extreme “stress and anxiety”.

 

Filed by the ombudsman in October last year, the graft case against Abalos stemmed from his alleged anomalous purchase of two units of Toyota Revo VX 200 totaling P1.7 million in 2003 during his term as Comelec chairman.

 

The ombudsman said the purchase was done without public bidding and through unauthorized small-value procurement also referred as “shopping”