THE Third Division of the Sandiganbayan has denied for the third time the bid of businessman Efren Canlas, the contractor of the Makati City Hall Parking Building, to bar admission into the case records of a special audit report from the Commission on Audit and to prevent any testimony from government auditors or any other person about the said report.
In a seven-page resolution issued on January 29, 2024, the anti-graft court held that the defendant’s Manifestation with Omnibus Motion was premature as the prosecution had not yet made its formal offer of evidence.
Canlas was named co-defendant of former Vice President Jejomar Binay and former Makati City officials in multiple counts of falsification of public documents and violation of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act and one count of malversation of public funds.
The cases, filed by the Office of the Ombudsman in 2016, were in connection with allegations of rigged bidding for Phases 4 and 5 of the P2.29 billion Makati City Hall Parking Building which was awarded to Canlas’ firm, Hilmarcs Construction Corp.
In his motion, the private defendant sought to strike from records the COA special audit and the notice of disallowance as well as any attempt by the prosecution to present, authenticate, or offer them as part of its exhibits.
Likewise, he said that any judicial affidavit already presented based on testimonies of witnesses on the same COA report or portions of it should be barred admission and subsequent witnesses who will testify based on the said documents should be forbidden from taking the witness stand.
In support of his motion, Canlas invoked the July 27, 2023 Decision of the COA en banc that declared the said special audit invalid and lifted the notices of disallowance previously issued by the COA Fraud Audit Office.
Prosecutors countered that the motion unduly limits the government’s presentation of its case noting that any witness to be presented will be subject to cross-examination by defense lawyers and they can also raise objections once the same testimonies are offered as part of the government’s evidence.
In denying Canlas’ motion, the Sandiganbayan noted that he had previously filed a Motion to Suppress Evidence opposing the submission of the audit findings which was denied on May 5, 2021 for being premature. His motion for reconsideration was also denied on July 29, 2021.
His challenge to the Sandiganbayan rulings before the Supreme Court through a petition for certiorari was dismissed by the High Court for lack of merit on July 10, 2023.
The court held that regardless of the COA’s decision to lift the notices of disallowance, it does not automatically mean that the findings of the special audit team were invalid.
Likewise, with the finding of probable cause against the accused, the Sandiganbayan said the prosecution has obtained discretion on how to proceed with the cases.
“If the prosecution insists on presenting the subject audit findings, then it does so at its own risk. The Court, however, will not interfere with such discretion. Moreover, Canlas will have the opportunity to object to the witnesses’ presentation when their testimonies are offered before the Court, and to cross-examine them,” the court declared.
p2 sex predators — joan
Project #Shiedkids launched
vs foreign sexual predators
BY ASHZEL HACHERO
AMID the rise in incidents of foreign registered sex offenders trying to enter the country, the Bureau of Immigration yesterday launched a campaign against sexual predators, especially those targeting minors.
Immigration Commissioner Norman Tansingco led the launching of the project, dubbed as the Shield Kids Campaign, in Pasay City on Wednesday.
“Project #Shieldkids endeavors to harmonize government efforts against sex offenders in the country by institutionalizing a network of communication amongst government agencies involved in investigating and arresting pedophiles and traffickers,” Tansingco said.
He said this will also enhance the agency’s drive by prioritizing cases against foreign nationals suspected of involvement in sex trafficking of children.
“Lastly, as part of the campaign, the BI has opened up the Commissioner’s helpline via (our social page) Facebook.com/immigration.helpline.ph, encouraging concerned citizens to report potential cases of child exploitation and abuse involving foreign nationals,” the BI chief said.
The launching was also attended by Justice Undersecretary and Inter-Agency Council Against Trafficking (IACAT) head Nicholas Felix Ty, and Social Welfare Undersecretary Angelo Tapales.
To recall, in 2023 alone, the BI barred from entering the country 171 foreign nationals who were previously convicted of sex crimes or are wanted for such cases in their respective countries.
Immigration agents also apprehended multiple foreign pedophiles in the country.
Notable among these arrests are cases such as the apprehension of French pedophile Theddy Douglas Tissier in Makati just last December, and the successful capture of octogenarian pedophile David John Buckley in Cebu last November.
“The threat against our children is real and is here. With the reopening of the country’s borders post-pandemic comes the rise of attempts of sexual predators to enter the country,” said Tansingco.
Tansingco encouraged citizens to immediately report to the BI sexual predators who might be in their communities.
