The Sandiganbayan has denied the motion of businessman Samuel Jonathan L. Ng, proprietor of West Island Beverages Distributor, to plead guilty to a lesser offense in lieu of his graft and malversation charges for a lighter penalty.
Ng is co-accused of former Iloilo 2nd District Rep. Judy J. Syjuco in the purchase of P5.9 million worth of cellular telephones in 2005 allegedly without public bidding.
The anti-graft court had earlier approved Syjuco ‘s plea bargaining agreement with the prosecution on the graft and malversation charges.
The former legislator pleaded guilty to a lesser offense of frauds against public treasury and failure to render account under Articles 213 and 218, respectively, of the Revised Penal Code.
Syjuco had turned over to the government P5.9 million as full restitution to the amount involved in the cases.
Plea bargaining is “a process of negotiation between the prosecution and defense in a criminal case whereby the accused – in return for leniency or a lighter sentence – agrees to plead guilty to a lesser offense.”
In his motion, Ng pointed out to the anti-graft court the approval of Syjuco’s plea bargaining.
Ng insisted that the cellular telephones were delivered. He also said that with the full restitution of the amount involved, the purported injury caused to the government had already ceased to exist.
His motion to plea bargain was opposed by the prosecution.
The Sandiganbayan said that since Ng’s motion lacked the consent of the prosecution, “without such consent, a plea bargain offer from the accused will not prosper,”
"Consequently, if the trial court still proceeds to approve the plea bargain over the prosecution's objection, it would be doing so in grave abuse of discretion," it added.
With the denial of his motion, Ng has to undergo trial on graft and malversation charges.
Presiding Justice Amparo M. Cabotaje-Tang wrote the six-page resolution with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
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