The Sandiganbayan has ordered a lawyer to explain why he should not be sanctioned for manifesting to the court that his client, who was convicted of graft and malversation, was already dead “when the truth is said accused is still very much alive."
(MANILA BULLETIN)
Ordered to explain was Jose V. Aspiras, lawyer of former Sulu Gov. Yusop Hussin Jikiri, who, together with Department of Agriculture (DA) Regional Field Unit XI Executive Director Oscar Parawan, was sentenced last Nov. 27, 2020 to a total of 16 to 26 years in prison.
During the promulgation of the decision on his case, Jikiri failed to appear. Aspiras explained his client's absence by manifesting his (Jakiri’s) death. The lawyer was then directed to file Jikiri's death certificate which would indicate the place and date of his death.
But the Sandiganbayan was "befuddled" when it received a motion for reconsideration on Feb. 1, 2021. In the motion, Jikiri alleged the "timeliness" of the filing of his motion, since it was filed within 15 days from his receipt of the decision from his lawyer's email on Dec. 1, 2020.
In a resolution written by Associate Justice Ronald B. Moreno, Jikiri's motion was denied for being "fatally flawed" and for being filed out of time.
The court said the filing of the motion should have been done 15 days after the promulgation of judgment, and not within 15 days after Aspiras emailed Jikiri the copy of the decision.
Aside from denying Jikiri's motion, the court also demanded an explanation from Aspiras as to why he lied about Jikiri's death.
In the resolution, the anti-graft court said:
"Accused Jikiri's counsel was present during the promulgation and blatantly misrepresented before the Court that his client already passed away. Contrary to the directives of the Court to submit proof of the fact of accused Jikiri's death, Atty. Aspiras, who also represented him during the promulgation, belatedly filed a motion for reconsideration.
"The Court is hereby giving Atty. Jose V. Aspiras five days from receipt of this Resolution to explain why no sanction shall be imposed upon him for making a manifestation with the Court regarding the death of accused Yusop Hussin Jikiri when the truth is said accused is still very much alive."
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez concurred in the seven-page resolution.
Jikiri and Parawan were found guilty of graft and malversation in the purchase of P3.25 million worth of fertilizer and soil conditioner in 2004.
They were found to have given Rim Allied Merchandise (RAM) unwarranted benefits when they processed the payment despite the absence of the participation of the Province's Bids and Awards Committee (BAC) during the procurement process and without public bidding.
Aside from imprisonment, Jikiri and Parawan were also ordered to jointly pay a fine of P3,250,000, which is equal to the amount malversed, with legal interest of six percent per annum reckoned from the finality of the decision. They were also perpetually disqualified from holding public office.