A co-defendant in a graft case filed against former Autonomous Region in Muslim Mindanao (ARMM) Governor Dr. Parouk Hussin is asking the Sandiganbayan to throw the case out.
The move came after the president of the complainant private firm said he is no longer interested in pursuing the case, which stemmed from the purchase of 60 pieces of medical emergency kits totaling P16.5 million from the said firm.
Former ARMM Disbursing Officer Serda Hassan moved for the dismissal after Senen Arabaca, who identified himself as the President of Geneve S.A. Philippines, Inc. executed an Affidavit of Desistance dated May 29, 2015.
Hassan was charged in 2008 along with Hussin, former acting accountant Ricardo Bajador Luna and Socorro Franco Natividad, who was the chief of the ARMM Manila Liaison Office for allegedly causing undue injury to the private firm.
The Office of the Ombudsman alleged that there were “no funds are available for such purchase, no public bidding, the supporting documents are incomplete and the Government still has an outstanding obligation of P8,250,000.00.”
A 50-percent downpayment was made, the office said, alleging that Hassan certified that the expenses/cash advances were “necessary” and “ lawful” while Luna certified that the supporting documents were “complete and proper,” and Natividad approved the “unnumbered and undated” disbursement voucher of P7.86 million.
But Arabaca, in his affidavit, said that after a thorough review of the case, “private complainant has realized that accused Dr. Parouk S. Hussin, Serda I. Hassan, Ricardo Bajador Luna and Socorro Franco Natividad committed no wrong, had no fault and therefore should not be prosecuted for violation of Section 3 (e) of R.A. 3019, as amended.”
Arabaca added that as early as 2005, the firm through him as President, executed a Certification that it has “no more claim against ARMM,” and that he has withdrawn his graft complaint against Hussin which was filed before the Ombudsman.
Hussin remains at large.