THE Sandiganbayan has rejected the consolidation of two cases of two former high-ranking officials who are facing corruption charges over the $329-million national broadband network deal.

Citing difference in the stages of the two graft cases, the Sandiganbayan Fourth Division—which hears the graft case of former Commission on Elections chairman Benjamin Abalos—declined the move of another division, the Fifth Division, to consolidate with it the graft case of former Socioeconomic and Planning specretary Romulo Neri.

The Fourth Division magistrates ruled in a three-page resolution that they could not merge Neri’s case with Abalos’ because the graft case of the former poll chief is more advanced.

To date, prosecutors handling Abalos’ case already presented 16 out of its 66 listed witnesses. Fiscals litigating Neri’s case only presented six out of its 26 witnesses.

Prosecutors already rested the Abalos case. Fifth Division prosecutors, meanwhile, have not yet rested the case and opted to consolidate it with Abalos’ case.

However, the three-man justices of the Fourth Division headed by chairman and Associate Justice Gregory Ong declined.

“The Abalos case is so far advanced compared to the Neri case in terms of the relative stage or level of the proceedings,” the resolution read, considering that the Neri case held marathon trials.

The Fourth Division said that consolidation is allowed to avoid multiplicity of suits, prevent delay, clear congested dockets and guard against oppression, but can be denied if the move will subvert any of the purposes.

Also, the Fourth Division noted that Neri, through lawyer Paul Lentejas, opposed the consolidation.

Lentejas earlier said that the prosecutors of Fifth Division is running out of witnesses to present that is why they moved for the consolidation.

“The prosecution no longer had any witnesses to present and was forced to ask for postponements of the hearings. It is about to wrap up and finish its evidence,” the opposition read.

Lentejas noted the consolidation as a “ploy to delay proceedings.” The camp of Neri already raised the matter to the Supreme Court, following the go signal of the Fifth Division magistrates to consolidate the case with the Fourth.

Neri’s opposition was used as a ground to reject the consolidation. The Ong-led division noted in the pleadings of Neri that he “vehemently opposed to the consolidation,” asserting that the merger would be prejudicial to him as he was “a prinicipal and material witness in the Abalos case.”

“Accused Neri’s contention is well-taken,” the court said.

The magistrates said that they have already heard the testimony and seen the demeanor of Neri when he testified against Abalos and they do not want to use their “formed opinions” against Neri if the consolidation will push through.

“This court [Fourth Division] would not want accused Neri to entertain any doubt in his mind that such formed opinions might impact on the proper disposition of the Neri case where he stands as the accused himself,” the ruling read.

Approving the resolution are Associate Justices Jose Hernandez and Maria Cristina Cornejo, a contender at the vacant position at the Supreme Court.