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The Lapu-Lapu Metropolis Regional Trial Court docket Department 27 denies the accused’s motions to quash data
CEBU, Philippines – Controversial contractor Sarah Discaya and eight officers and personnel of the Division of Public Works and Highways (DPWH) Davao Occidental District Engineering Workplace (DEO) on Tuesday, January 13, pleaded not responsible to graft and malversation prices stemming from a P96-million ghost mission in Davao Occidental.
“All of the accused pleaded not responsible,” Joseph Randi Torregosa, authorized counsel for DPWH Davao Occidental District Engineer Rodrigo Larete, confirmed to reporters on the court docket on Tuesday morning.
Discaya and her fellow accused had been arraigned earlier than the Lapu-Lapu Metropolis Regional Trial Court docket (RTC) Department 27 in Cebu on Tuesday. Rappler attended the listening to the place Discaya, Ma. Roma Angeline Rimando of St. Timothy Building Company, and the eight DPWH-Davao Occidental DEO personnel had been learn the prison prices towards them.
The fees embody alleged malversation of public funds and alleged violation of Part 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
Initially, the attorneys of the accused filed motions to quash the data and arrest warrants towards their shoppers on January 5, arguing that the case ought to be dealt with within the “most acceptable” venue, or the place the place the alleged crime was dedicated.
Prosecutors recognized the ghost mission’s location as Barangay Culaman in Jose Abad Santos, Davao Occidental.
Decide Nelson Leyco of Lapu-Lapu Metropolis RTC Department 27 denied the motions, retaining jurisdiction over the case.
To recall, the Supreme Court docket (SC) clarified in December that the prison case that the Workplace of the Ombudsman filed towards the accused was acquired by the Digos Metropolis Regional Trial Court docket (RTC) after which transferred to Malita RTC in Davao Occidental.
RTC Department 20 of Malita transferred the case to RTC Department 27 in Lapu-Lapu Metropolis, Cebu, which issued the arrest warrants towards the accused, prompting their switch to Cebu.
Following the arraignment, the court docket scheduled the date for the pre-trial convention on February 4 on the Lapu-Lapu Metropolis Regional Trial Court docket Department 27.
Preventive suspension
Paul Sato, counsel for the seven different DPWH district officers and personnel, informed reporters that the DPWH had imposed the obligatory suspension of its officers and personnel implicated charged within the case.
Beneath Part 13 of RA 3019, any public officer dealing with prison prosecution below legitimate data below the anti-graft regulation or below the provisions of the Revised Penal Code on bribery that’s pending in court docket, shall be suspended from workplace.
“The court docket additionally imposed a preventive suspension. We argued in our remark that the suspension issued by the court docket can be superfluous contemplating that my shoppers have been preventively suspended by DPWH,” Sato mentioned in an interview.
A preventive suspension is a measure utilized in administrative investigations to make sure that authorities places of work are safeguarded from undue affect and different potential harms.
Sato added that they might be questioning the preventive suspension of their movement for reconsideration.
Jurisdiction query
Torregosa had earlier filed in an omnibus movement to quash data and defer issuance of the arrest warrants, arguing that the referral of the case to RTC Department 27 in Lapu-Lapu Metropolis was a “jurisdictional error.”
“We really feel strongly about our place that the court docket in Lapu-Lapu Metropolis has no jurisdiction…. We manifested our intention to query the joint decision of the court docket,” Torregosa informed reporters.
“Though we proceeded with the arraignment however with out prejudice to our proper to pursue the problem of lack of jurisdiction,” he added.
Citing Republic Act No. 10660, Torregosa mentioned that instances of public officers with Wage Grade of 27 or greater, can be below the jurisdiction of a judicial area aside from the place the official holds workplace.
He mentioned that Larete, who’s the best rating official amongst his fellow accused, solely has a Wage Grade of 25. He argued athat as Larete’s place will not be below the classes listed in Part 2 of RA 10660, the instances ought to be below the jurisdiction of the RTC of Malita in Davao Occidental. – Rappler.com
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