The Sandiganbayan Fourth Division has denied the manifestation with motion filed by Lucban, Quezon Mayor Celso Olivier Tiamson which sought to admit additional documentary exhibits in his judicial affidavit.
Dator has been slapped with a violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for reportedly hiring his sister, Maria Lyncelle D. Macandile, as chief administrative officer and designating her as municipal administrator on March 1, 2014 even though she was not qualified for the position.
Macandile reportedly "failed to meet the qualifications for the position under Section 480, Article X of the Local Government Code, thereby violating the said statute, the Civil Service Law, rules, and regulations, to the damage and prejudice of public interest and the government as a whole," the charge sheet said.
Dator filed his motion last Sept. 18 and said he was deprived of his right to due process when he was denied the admission of additional documentary exhibits in his judicial affidavit.
In a six-page resolution, the anti-graft court said that it is basic procedural law that no evidence shall be allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than those that had earlier been identified and pre-marked during the pre-trial.
The only exception to this law is when the accused shows good cause why he or she should be allowed to present additional documentary exhibits that were not marked during the pre-trial.
In Dator's case, the court said there was no good cause shown.
"The circumstances surrounding this case do not warrant the relaxation of the rules," the anti-graft court said. "The Court cannot tolerate the accused's act of filing manifestations and motions in relation to the same issues that were already settled by this Court."
Since his motion was denied, Dator and his counsel were ordered to appear before the Office Clerk of Court and sign the amended pre-trial order.
The resolution was written by Associate Justice Alex Quiroz and concurred in by Associate Justices Lorifel Pahimna and Zaldy Trespeses.