Sandiganbayan upholds graft rap vs Abalos

MANILA, Philippines — The Sandiganbayan has upheld its earlier 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 five-page resolution promulgated on August 31, the anti-graft court's Sixth Division ruled to deny Abalos' second motion for reconsideration which prays for the dismissal of the case.

The Sixth Division maintained that there was no inordinate delay in the Office of the Ombudsman's investigation of the complaint against Abalos contrary to his claim that it took the body eight years to finish its probe.

The Sixth Division maintained that the ombudsman's investigation only began on Aug. 23, 2013 and not in October 2008 as claimed by Abalos.

“The court already explained in its resolution of February 2, 2017 and reiterated in the resolution dated May 18, 2017 that there was no inordinate delay in the investigation of the case. The Court rules that the findings and conclusions contained in the two resolutions stand,” the Sixth Division said.

The new resolution was penned by Associate Justice Oscar Herrera Jr. with the concurrence of Associate Justices Rodolfo Ponferrada and Karl Miranda.

It was on February 2 when the Sixth Division denied Abalos' motion to quash the case. Abalos filed an appeal but it was likewise denied by the court on May 18, prompting the former poll chief to file a second motion for reconsideration on June 7.

In its new ruling, the court said there was a glaring inconsistency between Abalos' claim in his motion to quash and his first and second motions for reconsideration.

The court pointed out that Abalos, in his motion to quash, claimed that he was not aware of the existence of a complaint against him until 2014 when he was asked to submit a counter-affidavit, thus, he was not able to assert his right to speedy resolution of the case.

The court noted that in his motions for reconsideration, the former poll chief deviated from his earlier claim and stated that he had been suffering “great stress and anxiety” since October 2008 as he learned of an ongoing ombudsman investigation of a complaint against him.

Filed by the ombudsman before the Sandiganbayan on Oct. 7, 2016, the case stemmed from Abalos' alleged 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.”

In September last year, the Sandiganbayan dismissed the graft case against Abalos in connection with the $329-million National Broadband Network deal with Chinese company Zhing Xing Telecommunications Equipment Inc. citing the “insufficient evidence” of the ombudsman's prosecution team.

The primary accused, former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo, as well as her husband former first gentleman Jose Miguel Arroyo, were likewise acquitted of the case.