A court has denied a bid by officials from the Department of Public Works and Highways (DPWH) in MIMAROPA region to stop the issuance of arrest warrants against them over an anomalous P289.5-million flood control project in Oriental Mindoro.
Sandiganbayan denies DPWH officials’ motion, citing lack of legal basis to delay proceedings in P289.5-million case.
In a seven-page resolution on Friday, the Sandiganbayan Fifth Division rejected the motion filed by several DPWH-Region 4B officials, who are facing charges related to the road dike project along the Mag-Asawang Tubig River in Barangay Tagumpay, Naujan, Oriental Mindoro, contracted by ex-Ako Bicol Partylist Rep. Zaldy Co of Sunwest Corporation.
The DPWH officials had argued that their right to due process was violated because the case was filed in court before they were officially served copies of the Ombudsman’s resolution.
They also contested the Ombudsman’s finding that the project was a “ghost” project, asserting it was still under construction and that the government could not have suffered damage yet.
However, prosecutors maintained that an onsite investigation revealed the use of incomplete and substandard materials, in violation of the contract.
Investigators also alleged that falsified certifications led to the “illegal disbursement of public funds amounting to P215,331,394.47.”
The court sided with the prosecution, saying that the discretion to proceed with a criminal case rests with the judge once it is filed.
“We deny accused movants’ motion to hold in abeyance the issuance of warrant of arrest. The legal basis for suspending the issuance of warrants of arrest, as argued by accused movants, does not exist,” the Sandiganbayan said.
The court outlined that a judge, upon receiving a case, has three options: dismiss it, issue arrest warrants if probable cause exists, or require more evidence.
The denial of the motion clears the way for the next step in the judicial process, which is the implementation of the arrest warrant.
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