Sandigan junks ethics charge but rules to resolve graft case vs ex-LTFRB executive director
The Sandiganbayan dismissed the charge for alleged violation of ethical standards for public officials and employees but it decided to resolve on its merits the graft case filed against former executive director Samuel Aloysius M. Jardin of the Land Transportation Franchising and Regulatory Board (LTFRB).
In a resolution, the anti-graft court said the dismissal of the ethics charge was in line with the Supreme Court’s (SC) decision which held that “if an accused is charged with violation of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and another law imposing a higher penalty for the same acts, the accused should be prosecuted under the latter statute."
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 penalty for violations of RA 3019 is higher than that imposed in RA 6713. Jail term for RA 3019 ranges from six to 15 years, while RA 6713 imposes imprisonment of not more than five years.
The prosecution 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).
Jardin filed a motions to quash and suspend proceedings as he argued that the facts charged in the informations (criminal charge sheets) filed against him do not constitute an offense.
But in a resolution dated June 13, the Sandiganbayan disagreed. "Clearly, the Information in these cases sufficiently alleges the acts constituting the elements of violations of Section 3(c) of RA No. 3019 and violation of Section 7(d) of RA No. 6713," the court said.
However, the court ordered the dismissal of the charge for alleged violation of RA 6713 since the penalty for violation of RA 3019 is higher than that imposed on the former law for the same acts.
The court’s resolution was written by Sixth Division Chairperson Sarah Jane T. Fernandez with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.