THE former golf buddy of deposed dictator Ferdinand Marcos pushed for the dismissal of his case because of procedural lapses.
In a four-page motion to quash, Herminio Disini pleaded before the Sandiganbayan Fourth Division to junk his graft case because the Office of the Ombudsman did not even include his side of argument in the case record forwarded to the anti-graft court.
“As records would show, the documents submitted to this court do not include the counter-affidavit of any of the accused nor the affidavits of the accused witnesses in violation of the Revised Rules of Criminal Procedure,” Disini said.
He added that, records are wanting in showing that he was furnished notices of the preliminary investigation conducted against him, “let alone allowed to participate.”
Disini asked the anti-graft court to quash the information lodged against him for the Ombudsman’s “failure to accord a preliminary investigation.”
Disini stands as the lead respondent in the graft case where investigators accused that he and six others induced the late strongman into amassing ill-gotten wealth amounting to P65 million from The Energy Corp. (TEC) and Vulcan Industrial and Mining Corp.
The accused owned two companies, of which Marcos reportedly acquired later on controlling stake of four billion shares in the TEC and 2.5 billion shares in Vulcan in March 1982.
In a separate motion, Disini asked the Fourth Division to move his June 13 arraignment to 10 a.m. from 8:30 a.m. because of insomnia.