ANTIQUE Gov. Rhodora Cadiao has failed in her bid to get the Sandiganbayan to order the dismissal of a graft charge filed against her by the Office of the Ombudsman last May 30, 2023.
In a 19-page resolution dated July 19, 2023, the anti-graft court’s Seventh Division denied the governor’s omnibus motion in which she sought quashal of the information, recall of the warrant of arrest issued on June 6, 2023, and dismissal of the case.
Cadiao is facing one count of violation of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act for allegedly causing undue injury to Provincial General Services Officer Antonio dela Vega by withholding rightful compensation.
Dela Vega said the governor refused to approve the payment of his salaries and representation and travel allowances (RATA) despite having been reinstated to his post after his transfer to a distant Satellite Office was invalidated by the Civil Service Commission.
He claimed unpaid salaries and benefits totaling P1.665 million covering a 19-month period from July 2016 to February 2018.
In her motion, Cadiao challenged the validity of the case information, saying it suffers from a fatal defect due to failure to charge a criminal offense.
She argued that Dela Vega himself had conceded that the payment of his salaries and RATA is not the sole obligation of the provincial governor as his complaint was premised on the involvement of the provincial accountant and the provincial treasurer.
Since the two other respondents were cleared by the Ombudsman, Cadiao said the information should be thrown out for being vague and insufficiently stating the basis for legal action.
In addition, Cadiao said the allegation is “purely a monetary claim” which does not constitute a criminal offense since Dela Vega had other administrative remedies to collect sums due him.
The Sandiganbayan disagreed.
“A simple perusal of the information will thus show that the ultimate facts constituting the offense have been sufficiently alleged, consequently passing the test of sufficiency,” the court declared.
On the defendant’s argument that the release of Dela Vega’s compensation requires the action of other provincial officials, the court pointed out that it requires the presentation of evidence in a full trial as the procedure of disbursement has to be properly explained.
Likewise, the court rejected her contention that the subject of the case is purely monetary in nature, noting that the allegation identified an approving authority who can release the claimed amounts.
“In conclusion, the information against Cadiao remains valid and sufficient and does not warrant quashing,” the Sandiganbayan said.
