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The Sandiganbayan has upheld the validity of the indictment against
the private contractor of the P1.1-billion President Diosdado
Macapagal Boulevard (PDMB) for violation of Republic Act 3019, or
the Anti-Graft and Corrupt Practices Act, that stemmed from
overpricing allegations.
In a resolution, the Sandiganbayan’s First
Division junked the motion for dismissal filed by Jesusito D.
Legaspi on the basis of technicality.
Legaspi, who owns a construction firm, earlier
contended that the Sandiganbayan’s jurisdiction covers only cases
against government officials, stressing that the Supreme Court Third
Division ruled on September 3, 2007 in the case of Henry Go v.
Sandiganbayan that Section 3 (e) and (g) of RA 3019 is limited to
public officers.
But the Sandiganbayan pointed out that the High
Court’s ruling was just issued by a division and is not an en banc
ruling.
“After a serious deliberation, the Court finds
the Motion to be without merit. The Henry Go case is concededly
still subject to a motion for reconsideration with a prayer that it
be referred to the Supreme Court en banc, and therefore the same is
not yet final. To say the least, it has no binding effect yet,”
the Sandiganbayan’s ruling stated.
In the antecedents of the case, former Public
Estates Authority (PEA) Board Director Sulficio Tagud disclosed that
the PDMB was overpriced by more than P630 million, and there was an
alleged conspiracy with Legaspi’s firm, JD Legaspi Construction.
The PEA was ordered abolished by President
Gloria Arroyo after the alleged overpricing of the five-kilometer
boulevard named after his late father was uncovered.
In another case, the Sandiganbayan acquitted two
former executives of Landoil Resources Corp. and Greater Manila Land
Corp. for charges of graft in connection with an alleged
P6.7-million fraudulent disbursement of government funds which
happened 25 years ago.
-- Jomar Canlas
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