The Sandiganbayan has denied the motion of the Office of the Ombudsman (OMB) to withdraw the graft charge it filed against former Land Transportation Franchising and Regulatory Board (LTFRB) executive director Samuel Aloysius M. Jardin.
Jardin was charged with violations of Section 3(c) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Section 7(d) of RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.
In filing the charges, the OMB alleged that Jardin directly or indirectly requested and received P4,600,000 from Michelle Sapangila on March 27, 2019 in exchange for the issuance of the LTFRB Certificate of Public Convenience (CPC) or Route Measured Capacity (RMC).
In a resolution issued last June 13, the anti-graft court dismissed the ethics violation against Jardin but maintained his graft charge.
The prosecution then filed a Motion to Withdraw Information (criminal charge sheet) on the graft charge, alleging that there was no damage to the government or any bribery that took place. As a result, the prosecution said the Sandiganbayan does not have jurisdiction over the case.
But the anti-graft court disagreed in its resolution issued last Nov. 21 with a ruling that "the Court has jurisdiction over the present case."
"Here, the Information charges the accused with violation of Section 3(c) of R.A. No. 3019, however, a close examination of the allegations in the Information would show that it alleges facts constituting bribery in its generic sense," the court said.
"Specifically, the Information alleges that the accused, a public officer, in his official capacity, agreed to assist, facilitate or help Michelle Sapangila in securing or obtaining the issuance by the LTFRB of the Certificate of Public Convenience in consideration of the amount of four million six hundred thousand pesos (P4,600,000) he received from Sapangila. Without doubt, the Information alleges the request and receipt of a bribe in the amount exceeding P1 million. Thus, the Sandiganbayan has jurisdiction over the present case," it pointed out.
"It being clear that the Sandiganbayan has jurisdiction, the prosecution's Motion to Withdraw Information has no basis," it ruled.
The 10-page resolution was written by Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.