THE Sandiganbayan has thrown out a government case on alleged ghost infrastructure projects in Torrijos, Marinduque due to the failure of prosecutors to present witnesses despite being given years to do so.
In a resolution issued on June 4, 2025, the anti-graft court’s Seventh Division ordered the case for falsification of public documents against Veronica Marciano, former disbursing officer of the provincial government of Mariduque, permanently dismissed on the ground that government witnesses repeatedly failed to show up despite several trial settings.
The case docketed as SB-15-CRM-0115 was part of a batch of seven criminal charges for violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and falsification of public documents filed in 2015 involving various ghost infrastructure projects.
Among those named defendants by the Office of the Ombudsman were provincial engineer Godofredo Sadiua, project engineer Marco Richmond Leyco, and disbursing officers Alberto Roque and accused Marciano.
Leyco was acquitted on February 2, 2018 after the court found that evidence against him was weak and failed to prove his participation in the alleged crimes.
During the presentation of evidence against Marciano on September 14, 2017, two prosecution witnesses – Eleutero Raza Sr. and Eleutero Raza Jr – who were likewise the private complainants in the cases failed to appear in court despite the issuance of subpoenas requiring their presence.
Both were declared in direct contempt of court and fined P2,000 each and another subpoena was issued on them.
During the next hearing on November 9, 2017, the Sandiganbayan ordered the case against Marciano provisionally dismissed when the government witness was again a no show.
“From the time the Order dated November 29, 2017 was issued which granted the motion of accused Marciano to have SB-15-CRM-0115 provisionally dismissed, no move has been made on the part of the prosecution to revive the same,” the court pointed out.
Invoking Section 8, Rule 117 of the Revised Rules on Criminal Procedure, the Sandiganbayan said it has no recourse but to order the case dismissed for good.
“Where a period of two years after the issuance of the Order of provisional dismissal has already lapsed without the case having been revived, let SB-15-CRM-0115 be permanently dismissed as to accused Veronica Marciano v Devesa,” the court said.
