MANILA, Philippines – The anti-grant court Sandiganbayan has upheld the validity of the criminal case against former Capiz governor Esteban Evan Contreras and two others over alleged irregularities in the provincial government’s procurement of medical supplies during the COVID-19 pandemic in 2020.
The court denied the separation motions filed by Contreras, former provincial administrator Edwin Monares, and Roxas Memorial Provincial Hospital (RMPH) chief Edmarie Tormon seeking the dismissal of the criminal case filed against them by the Office of the Ombudsman in March.
The three are accused of violating the Government Procurement Reform Law. Prosecutors found probable cause to indict them over the unlawful splitting of contracts in the procurement of medical supplies through small value procurement.
The co-accused had sought the dismissal of their case citing a supposed defect in the information, and also invoked their constitutional right to speedy disposition of cases. They noted that it took the Ombudsman 28 months to complete the preliminary investigation.
In response, the court said in its ruling: “The allegations in the Information conform to the due process requirement. It sufficiently apprises the accused of the acts that constitute the crime charged against them. Contreras’ argument of alleged good faith is evidentiary and may only be proved in a full-blown trial.”
The Sandiganbayan said that the Ombudsman initially junked the complaint on February 20, 2023, but reconsidered the decision after the complainants filed a motion for reconsideration. The Ombudsman issued a resolution recommending indictment on February 7, 2024, and the information was filed with the Sandiganbayan a month later, in March.
The court also said: “Records show that from April 5, 2022, when the accused were directed by the OMB to submit their counter-affidavits, it took them until October 3, 2022 to comply and finalize their defense. Thus, of the 22-month period, five months and 28 days were used by the accused for their defense papers.”
Associate Justice Michael Frederick Musngi penned the resolution with concurrences from Associate Justice Lorifel Lacap Pahimna and Associate Justice Juliet Manalo-San Gaspar.
The case was based on the criminal complaint filed by Vice Governor Jaime Magbanua and members of the Sangguniang Panlalawigan in November 2021. – Rappler.com