FORMER Health Secretary now House deputy majority leader Janette Garin (Iloilo) and her co-defendants have failed to halt proceedings in graft and technical malversation charges filed against them late last year by the Office of the Ombudsman.
In a nine-page resolution promulgated on January 10, the Sandiganbayan Second Division denied separate motions to quash and motions to dismiss filed by the five defendants.
Named Garin’s co-accused in the graft case were former Health Undersecretary Gerardo Bayugo, Undersecretary Kenneth Hartigan-Go, OIC director Joyce Ducusin, and former Philippine Children’s Medical Center (PCMC) executive director Julius Lecciones.
Except for Bayugo, the other three were also Garin’s co-defendants in the technical malversation charge.
Prosecutors said the former health officials unlawfully diverted funds from the Miscellaneous Personnel Benefits Fund to push for the P3.55-billion procurement of the dengue vaccine Dengvaxia.
Garin contested the allegations, saying the special allotment release order issued by the Department of Budget and Management specified that the sum was for the procurement of vaccines. In her motion, Garin argued that the facts charged do not constitute a criminal offense and that her constitutional right to speedy disposition of cases was violated because of inordinate delay.
He co-defendants raised similar arguments, noting the complaint was filed way back on Feb. 13, 2015 but the resolution of the Ombudsman ordering the filing of cases against them was issued only on Oct. 24, 2023.
The prosecution countered that the original complaint was filed before the Department of Justice (DOJ) and named no less than 42 respondents.
While the DOJ wrapped up its investigation and recommended indictment of the defendants, its resolution reached the Ombudsman only on Aug. 8, 2022.
The resolution declaring existence of probable cause was approved on July 19, 2023 and the information was filed with the anti-graft court three months later.
In denying the motion of all the accused, the Sandiganbayan held that the Ombudsman offered enough justification for the period it took to complete the investigations considering the number of respondents who were all accorded the opportunity to answer the allegations.
“The Court rules that the investigations were not attended by vexatious, capricious, and oppressive delays. Rather, the length of time spent in the investigation indicates that a careful examination and review of the evidence and documents were thoroughly undertaken before the cases were filed in court,” the court noted.
Associate Justice Oscar C. Herrera Jr. penned the ruling with Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio concurring.
