By Czarina Nicole Ong
The Office of the Special Prosecutor is insisting that the Sandiganbayan Seventh Division should proceed with the arraignment of Quezon City Councilor and actor Roderick Paulate for graft and falsification.
Paulate has filed a motion to defer arraignment and pre-trial, and informed the Sandiganbayan that he has filed for a petition for certiorari before the Supreme Court "to shed light" on the issue whether the Ombudsman truly committed inordinate delay in the investigation of his case.
This, after his motion to quash was denied by the Sandiganbayan due to lack of merit.
The prosecution, however, filed an opposition and argued that Paulate is merely "squandering precious time and effort" that has been devoted to the progress of the case.
The prosecution reminded the court that Paulate's arraignment has already been rescheduled three times, and the only way he could have deferred the arraignment properly is to secure to temporary restraining order - which he has failed to do.
They added that filing a petition for certiorari is not a prejudicial question which would affect the present case.
"For the record, the prosecution is ready to proceed to arraignment - as it has been as early as May 2018, when the accused first filed his motion to quash. In fact, the prosecution has filed a pre-trial brief as early as July 11, 2018 while accused has thrice failed to file theirs," the motion read.
Paulate was accused of violating one count of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and nine counts of Par. 2 of Article 171 of the Revised Penal Code together with his driver and liaison officer, Vicente Bajamunde, who has been charged with one graft charge and eight falsification charges.
From July to December, 2010, Paulate and Bajamunde were accused of causing undue injury to the Quezon City government worth P1,109,000 when they hired in 2010 around 60 fictitious job contractors.