THE Sandiganbayan was left with no recourse but to dismiss a graft case against former Catarman, Northern Samar mayor Francisco Rosales Jr. after the private complainant executed an affidavit of desistance absolving the accused of any fault.
In an order dated September 18, 2024, the anti-graft court’s Second Division declared that the stipulation between the prosecution and the defense necessitated the dismissal of the case since there was no way the trial could proceed after complainant Municipal Engineer Miguel Mijares cleared the defendant of any wrongdoing.
“To hear the allegations of violation of RA 3019 (Anti-Graft and Corrupt Practices Act) as against accused Rosales would be unfair, unjust, and inequitable considering that the acts that led to the ouster of Engr. Mijares were not the doing of the Municipal Mayor Rosales,” the Sandiganbayan said.
Case records showed Mijares had filed the complaint alleging that he was unlawfully declared resigned from his post in 1998 after he tried to apply for a post at the Provincial Engineer’s Office even if he continued reporting to the municipality.
Mijares challenged the order before the Civil Service Commission (CSC) and won with an order for his reinstatement. The ruling was affirmed by the Court of Appeals in 2001 and by the Supreme Court in 2004.
But in the stipulation between the prosecution and the defendant’s counsel, Mijares confirmed that he was able to return to work and was paid back wages.
He said Rosales did not commit any act that would show a deliberate intent to manifestly partial against him.
Instead, Mijares said he had no choice but to “voluntarily step out of office” as municipal engineer of Catarman after the then-provincial governor assigned a different person in his place.
With the original complainant leaving no doubt that he no longer has any intention to pursue his complaint, the Sandiganbayan pointed out that there was zero chance that Rosales would be convicted.
“Accordingly, in view of the stipulations of both the prosecution and the accused, this Court has no other recourse but to dismiss the complaint against then Municipal Mayor Francisco Rosales,” the court added.
