Monday, May 25, 2020

Sandigan denies ex-Bulacan mayor quashal bid anew

Oct 11, 2019 @ 5:48

by Allan Yves Briones

The Sandiganbayan 3rd Division swiftly put to rest former Baliwag mayor Carolina Dellosa’s motion for reconsideration regarding her previous bid to quash her graft case.

“We point out at the outset that accused Dellosa did not raise any new argument in his motion for reconsideration: she merely reiterated the points she raised in her Motion to Quash. The Court have already passed upon these matters,” the resolution read, promulgated Monday.

Dellosa was charged with violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act over the alleged anomalous procurement of a vehicle in 2013.

In the criminal charge, prosecutors from the Office of the Ombudsman alleged that the former mayor acted with “manifest partiality, evident bad faith or gross inexcusable negligence” in granting “unwarranted benefits” to private company Freeway Motor Sales of Baliuag Corp. in the procurement of a P1.2 million sports utility vehicle.

In her motion for reconsideration, Dellosa argued that she merely acted, “within the bounds of the law”, on the recommendation of her Bids and Awards Committee (BAC). In addition, she maintained the prosecution took an “unreasonable” amount of time in filing the case.

However, the court found otherwise – that she not only failed to raise new arguments in her bid for reconsideration, the points she presented remain “unmeritorious.”

“The accused’s argument that she merely acted on the recommendation of the BAC is a matter of defense, and not one of the grounds for the quashal of the Information,” the court added.

A motion to quash involves attacking the case on its face – including situations when the charges included do not constitute a crime, or when the court has no authority over a case or the accused.

Dellosa ran for Baliwag mayor in the 2019 elections but lost.

Associate Justice Ronald Moreno wrote the resolution, concurred by Division Chairperson Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez

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