The Sandiganbayan has denied the plea of a private individual, who was charged with graft together with former Muntinlupa City mayor Aldrin L. San Pedro in the P97.5 million purchase of fire and aerial ladder trucks in 2008, to include five additional witnesses in the trial of the case.
Junked by the anti-graft court was the motion filed by Angel O. Palmiery of Palmer-Asia, the supplier of three fire trucks and one aerial ladder truck.
In his motion, Palmiery said that since he changed his lawyer, he sought the court’s permission to present his witnesses Jerome Buenconsejo, Christopher Unira, Norma Vale, Mary Ann Ravanera and Christian Rodriguez. The new witnesses were not included in the pre-trial order that had been approved.
But the Sandiganbayan denied his motion. The court said that a change in counsel is not a valid reason for the amendment of the Pre-Trial Order. It also said that his new lawyer, Fritzielyn Palmiery, even entered her appearance in the case in September 2022 or 10 months ago.
Thus, it said, the inclusion of additional witnesses "appear to be irrelevant."
The three-page resolution was written by Second Division Chairperson Oscar C. Herrera Jr. with the concurrence of Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio.
The fund for the purchase of the fire and aerial ladder trucks was sourced by Muntinlupa City from the Land Bank of the Philippines’ Omnibus Term Loan Facility.
The prosecution said that the money, paid in four tranches, was received by Palmer-Asia on July 27, 2008; Dec. 15, 2008; Jan. 27, 2009; and March 16, 2009. The Deeds of Sale for the said vehicles was signed on May 20, 2009 and March 27, 2012, it said.
It alleged the transaction allowed Palmer-Asia to register the vehicles under its name on April 2, 2009; March 25, 2009, March 16, 2009; and Nov. 7, 2014, respectively. Palmer-Asia also mortgaged these with Banco de Oro and AIG Phil-Am Savings Bank, and the chattel mortgage was released only on April 23, 2009 and March 31, 2009.
It also alleged that the firetrucks were registered under the LGU's name only on July 16, 2012, and the aerial ladder truck only on Nov. 25, 2014.
Thus, the prosecution alleged that the acts of the accused caused “the LGU to incur interests on its withdrawn loan while being deprived of the use of the procured vehicles, to its damage and prejudice.”