Sandigan won't stop proceedings on ex-Rizal gov's overpriced fertilizers cases

Adrian Ayalin, ABS-CBN News

Posted at Jan 11 2019 01:52 PM

MANILA - The Sandiganbayan 3rd Division refused to suspend proceedings on the 4 graft cases of former Rizal governor Casimiro Ynares, Jr. as his motion for reconsideration on the denial of his motion to suspend proceedings was denied by the court.

The court said in its resolution that the arguments raised by Ynares, Jr. as well as his co-accused Romulo Arcilla, Jr., were moot and academic as their petition for certiorari filed before the Supreme Court was dismissed for failure to establish that the court committed grave abuse of discretion.

Ynares, Jr. and Arcilla, Jr. are facing four counts of graft for the purchase of fertilizers from 2004 to 2005 which were supposedly overpriced by P3.23 million.

“At any rate, the Supreme Court already dismissed the petition filed by the accused-movants in its resolution dated July 9, 2018, thereby rendering moot and academic the subject motion for reconsideration,” the court said in the resolution promulgated on January 3, 2019.

The resolution was penned by Presiding Justice and Division Chairperson Amparo Cabotaje-Tang, with the concurrence of Associate Justices Bernelito Fernandez and Sarah Jane Fernandez.

The court also noted that the argument of judicial courtesy, that a lower court should suspend its proceedings if a petition is raised before the Supreme Court, does not apply in Casimiro’s case.

The resolution noted Rule 65 of the Rules of Court which said that a mere filing of a petition for certiorari shall not interrupt the course of a case unless a temporary restraining order or a writ of preliminary injunction has been issued by the higher court.

“To be sure, the issue of whether the principle of judicial courtesy applies to this case was already squarely passed upon by the court in its assailed resolution,” the court said.