THE Sandiganbayan has thrown out motions filed by former officials of the Department of Public Works and Highways (DPWH) seeking the recall of arrest warrants and requesting that they be allowed to post bail in connection with an 18-year plunder case.
In a resolution promulgated last July 18, the anti-graft court’s Second Division denied the motion to dismiss filed by DPWH Bureau of Equipment assistant director Florendo Buñag, DPWH employees Rogelio Beray, Melissa Espina and Violeta Tadeo, and vehicle spare parts traders Rodellia Uy and Victoria Go.
Also junked were the motion to fix bail filed by private defendant Conchita dela Cruz and a pleading for the lifting of the warrant of arrest filed by traders Romeo Fullido and Nonette Fullido.
In denying bail, the court pointed out that the pending case involves a capital offense for plunder, which is no-bailable.
“(T)he court cannot fix bail because the offense charged is punishable by reclusion perpetua,” the Second Division said.
The court also disregarded challenges to the validity of the information, citing the December 10, 2014 ruling of the Supreme Court that affirmed the finding of the Office of the Ombudsman that probable cause exists to indict all the defendants for the crime of plunder.
Originally charged were DPWH Motorpool Section chief Maximo A. Borje, Jr., Administrative and Manpower Services director Burt B. Favorito, assistant director Florendo B. Arias, and employees Erdito Q. Quarto, Agerico C. Palaypay, Napoleon S. Anas, Danilo C. Planta, Luisito S. Dela Rosa, Rogelio L. Beray, Norma A. Villarmino, Ricardo M. Juan, Jr., Nelson Umali, Maria Luisa T. Cruz, Melissa T. Espina, Violeta R. Tadeo, Jessica J. Catibayan, Violeta C. Amar, Ronaldo G. Simbahan, Felipe A. San Jose, and Rolando C. Castillo.
Named private defendants were spare parts suppliers Conchita N. Dela Cruz, Janette A. Bugayong, Jesus D. Capuz, Rodellia D. Uy, Romeo C. Fullido, Nonette H. Fullido, Victoria M. Go, Carmelito V. Edem, Augusto C. Capuz, and Vicente Santos, Jr.
Prosecutors traced the paper trail of 4,406 checks issued as payments for supposed repairs and purchase of vehicle parts totaling P82.322 million. All of the checks contained only one name as payee — Borje.
However, graft investigators said the supposed repairs on DPWH vehicles were fictitious and the procurement of replacement parts were “ghost purchases” as they found that the transactions were backed by spurious documents, including job orders, pre-repair inspection reports, post-repair inspection reports, requisition for supplies, certificates of emergency repair, waste material reports, certificates of acceptance price verifications, and disbursement vouchers.
