THE Sandiganbayan has denied separate motions filed by former Capiz Governor Esteban Evan Contreras II and former provincial administrator Edwin Monares seeking to block admission of the prosecution’s Formal Offer of Documentary Exhibits on the grounds of procedural violations.
In a six-page resolution dated February 17, 2025, the anti-graft court’s Fourth Division held that the defendants were duly served the formal offer of exhibits even if it was done only by electronic mail (email).
Prosecutors admitted that they did not make a personal service to both accused other than the copies sent via email although their counsels were also furnished copies through registered mail.
Contreras was indicted for violation of Section 5 (a) (4) of the Government Procurement Reform Law (RA 9184) concerning alleged irregularities in the provincial government’s procurement of medical supplies in 2020 during the COVID-19 pandemic. Named co-defendants were former Provincial Administrator Edwin Monares and Roxas Memorial Provincial Hospital (RMPH) chief Edmarie Tormon.
The case stemmed from a criminal complaint filed on November 25, 2021 by incumbent Vice Gov. Jaime Magbanua and members of the Sangguniang Panlalawigan (provincial board).
Contreras and Monares argued that by the prosecution’s admission that it failed to comply with the requirement to make personal service, the Formal Offer of Exhibits should be expunged from the records.
They said the email copies do not constitute compliance hence they are equivalent to non-service or non-filing rendering no document as having no legal effect.
On the other hand, the prosecution said service by registered mail and email are both valid modes of service, noting that there was neither undue delay nor denial of due process to the other party.
The court sustained the prosecution.
It pointed out that the requirement for personal service was to ensure diligent compliance by all parties to minimize, if not get rid of, unnecessary delays in light of the inefficiency of the postal service.
“With the innovation brought about by the electronic mail technology, transmission of files consisting of pleadings, as in this case a formal offer of documentary exhibits, became instantaneous with a click of a button,” the Sandiganbayan said.
It pointed out that the fact that both Contreas and Monares were able to file their Motions to Expunge is proof of the efficiency of the electronic service.
“Simply put, whatever improper, irregular, or defective service of FOE (formal offer of exhibits) alluded to by both accused for failure of the prosecution to personally serve said pleading is cured by their timely invocation of motion to expunge and demanding affirmative relief,” the Sandiganbayan said.
