THE Sandiganbayan has overruled all challenges from the defense against its February 6, 2025 resolution ordering the reopening of the graft case against Iloilo City councilor Plaridel Nava II concerning alleged irregularities in a vehicle towing contract signed in 2015 in which former city mayor Jed Patrick Mabilog is a co-accused.
Nava and Mabilog raised procedural questions regarding the anti-graft court’s order, arguing it was contrary to Section 24, Rule 119 of the Revised Rules on Criminal Procedure which requires a prior hearing in observance of due process.
Accused Nava added that the reopening was not based on newly discovered evidence and will delay the conclusion of the trial in violation of his constitutional right to speedy disposition of his case.
Prosecutors countered that in the 2018 case of Rivac vs. People, the Supreme Court allowed the reopening of the case even in the absence of newly discovered evidence as the primary consideration is to provide opportunities for parties to introduce additional evidence or rebut pieces of evidence in the interest of justice.
Likewise, it pointed out that the Revised Rules on Criminal Procedure provided a safeguard for delays since the proceedings must be completed in 30 days to prevent delays that may be deemed vexatious or oppressive.
Mabilog and Nava were accused of having direct financial and pecuniary interest in 3L Towing Services which was awarded the city government’s towing and clamping service on January 20, 2015.
Graft investigators from the Office of the Ombudsman said the contract did not undergo the required public bidding and the towing company was issued business and mayor’s permits even if did not apply to secure them at the Iloilo City Hall.
The prosecution said Mabilog and Nava used businesswoman Leny B. Garcia as a dummy and listed her name as owner of 3L Towing Services.
Moreover, Nava was accused of allegedly personally searching for potential suppliers of wheel clamps from China, aside from preparing the contractor’s registration with the Department of Trade and Industry (DTI) and with the Bureau of Internal Revenue (BIR).
The Sandiganbayan said it deemed that the reopening of the case is necessary with respect to Nava “to align with the ongoing proceedings involving accused Mabilog” who has only recently returned in the country to face the charges.
Mabilog fled to Canada in 2017 in fear of his life after his name was included by former president Rodrigo Duterte in his alleged list of narco-politicians which has since been discredited.
Nava had already waived his right to formally offer evidence when he opted to file his demurrer to evidence even without leave of court on May 23, 2024.
“The reopening serves to facilitate a more comprehensive and just determination of the case, ensuring that no miscarriage of justice occurs. Notably, such reopening of the case does not infringe upon the constitutional right to speedy disposition of cases,” the Sandiganbayan said.
