Graft rap vs Antique Gov Cadiao wrongly filed at Sandiganbayan

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WITHOUT any allegation that an injury has been inflicted on the government, a graft case filed by the Office of the Ombudsman on May 30, 2023 against Antique Governor Rhodora Cadiao has been thrown out by the Sandiganbayan for lack of jurisdiction.

The anti-graft course likewise recalled the 90-day preventive suspension order it issued against the defendant last September 21 and released the P90,000 bail bond she posted before the Municipal Trial Court of Kidapawan City, Cotabato.

Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta penned the 16-page resolution that overruled the prosecution’s objections to Cadiao’s Omnibus Motion for Reconsideration that challenged the court’s jurisdiction on the ground that the information only alleged undue injury on the part of complainant Antonio dela Vega.

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Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo concurred.

Cadiao’s camp argued that RA 10660 which expanded the Sandiganbayan from five to seven divisions also redefined its jurisdiction over cases involving alleged violation of RA 3019 or the Anti-Graft and Corrupt Practices Act.

While RA 3019 vested the Sandiganbayan with jurisdiction over graft cases, RA 10660, which came into effect in 2015, included a provision under Section 4 that states that the Regional Trial Court shall have exclusive original jurisdiction where a case does not allege any damage to the government or any bribery.

“A reading of the Information would further show that it is only to private complainant Antonio A. Dela Vega that the damage was alleged to have been caused to. In no particular instance, neither directly nor inferred, can it be said that there was an allegation of damage to the government,” the court pointed out.

Based on the information, the governor was accused of having caused undue injury to Provincial General Services Officer Antonio dela Vega by withholding rightful compensation.

Dela Vega said the governor refused to approve payment of his salaries and representation and travel allowances (RATA) amounting to P1.665 million despite having been reinstated to his post after his transfer to a distant Satellite Office was invalidated by the Civil Service Commission.

“The fact that the Information does not allege any damage to the government is enough in itself to strip this court of its jurisdiction to try the criminal case. In sum, therefore, it is the Regional Trial Court which has exclusive original jurisdiction to try the criminal case,” the Sandiganbayan declared.

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