Sandiganbayan junks John Henry Osmeña’s bid to suspend trial

MANILA, Philippines — The Sandiganbayan will proceed with the trial of Mayor John Henry Osmeña of Toledo City, Cebu for allegedly withholding the release of real property tax shares of a barangay in 2014 and 2015.

In a resolution promulgated on Feb. 27 and released yesterday, the anti-graft court’s third division said the pendency of Osmeña’s petition for certiorari before the Supreme Court (SC) is not a valid ground to suspend his trial for graft.

The court noted that under Section 7, Rule 65 of the Rules of Court, the proceedings of the case should continue if the petitioner failed to secure a temporary restraining order (TRO)... from the high tribunal within 10 days  from the filing of his petition for certiorari.

“It is clear... that without a temporary restraining order... this court is mandatorily directed to proceed in due course... under threat of an administrative charge,” the resolution read.

In his motion, Osmeña said the Sandiganbayan must extend “judicial courtesy” to the SC as his application for a TRO remains pending.

However, the third division said judicial courtesy applies ”only if there is a strong probability that the issues before the higher court would be rendered moot and moribund as a result of the continuation of the proceedings in the lower court.”

Osmeña was charged with six counts of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for allegedly withholding the release of real property tax shares of Barangay Daanlungsod amounting to P17,733,264.

The Office of the Ombudsman said Osmeña’s action was without basis or sufficient justification.

The ombudsman said Section 271 (d) Republic Act 7160 or the Local Government Code mandates the release of real property tax shares of barangays “within five days after the end of each quarter and shall not be subject to any lien or holdback for whatever purpose.”