Sandiganbayan upholds decision to proceed with corruption cases vs Razon | ABS-CBN
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Sandiganbayan upholds decision to proceed with corruption cases vs Razon
Sandiganbayan upholds decision to proceed with corruption cases vs Razon
Adrian Ayalin,
ABS-CBN News
Published Aug 16, 2023 10:41 AM PHT
Former Philippine National Police chief Avelino Razon failed to convince the Sandiganbayan 4th Division to junk his corruption cases on the ground of conflicting allegations of conspiracy and negligence.
Former Philippine National Police chief Avelino Razon failed to convince the Sandiganbayan 4th Division to junk his corruption cases on the ground of conflicting allegations of conspiracy and negligence.
In a resolution promulgated on August 10, 2023, the court said objections as to the sufficiency of informations should be filed before the arraignment.
In a resolution promulgated on August 10, 2023, the court said objections as to the sufficiency of informations should be filed before the arraignment.
"An accused’s failure to raise any objections on the sufficiency of information is understood as a waiver thereof,” the court said in the resolution penned by Associate Justice Bayani Jacinto, with the concurrence of Division Chairperson Michael Frederick Musngi and Associate Justice Lorifel Lacap Pahimna.
"An accused’s failure to raise any objections on the sufficiency of information is understood as a waiver thereof,” the court said in the resolution penned by Associate Justice Bayani Jacinto, with the concurrence of Division Chairperson Michael Frederick Musngi and Associate Justice Lorifel Lacap Pahimna.
“Should the defects be non-jurisdictional, they are effectively cured by presenting competent evidence thereof during trial,” the court added.
“Should the defects be non-jurisdictional, they are effectively cured by presenting competent evidence thereof during trial,” the court added.
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The multiple graft, malversation and violation of procurement law cases against several respondents started from the complaint filed by the Fact Finding Investigation Bureau of the Office of the Deputy Ombudsman for the Military and Law Enforcement Office against 25 officers of the PNP, two officials from the Commission on Audit and 13 private individuals.
The multiple graft, malversation and violation of procurement law cases against several respondents started from the complaint filed by the Fact Finding Investigation Bureau of the Office of the Deputy Ombudsman for the Military and Law Enforcement Office against 25 officers of the PNP, two officials from the Commission on Audit and 13 private individuals.
The respondents were allegedly involved in anomalous transactions relating to the repair and maintenance of 28 units of V-150 Light Armored Vehicles, causing undue injury to the government.
The respondents were allegedly involved in anomalous transactions relating to the repair and maintenance of 28 units of V-150 Light Armored Vehicles, causing undue injury to the government.
On June 21, 2023, the court denied the demurrers to evidence filed by Razon on his two graft and two malversation cases involving P409 million vehicle repairs and maintenance projects in 2007.
On June 21, 2023, the court denied the demurrers to evidence filed by Razon on his two graft and two malversation cases involving P409 million vehicle repairs and maintenance projects in 2007.
In his motion for reconsideration, Razon argued that the conspiracy and negligence charges were conceptually inconsistent.
In his motion for reconsideration, Razon argued that the conspiracy and negligence charges were conceptually inconsistent.
The prosecution however countered that a finding of gross inexcusable negligence does not negate conspiracy.
The prosecution however countered that a finding of gross inexcusable negligence does not negate conspiracy.
The court emphasized in its resolution that the cases against Razon should proceed as he was the Head of Procuring Entity or HoPE.
The court emphasized in its resolution that the cases against Razon should proceed as he was the Head of Procuring Entity or HoPE.
“There is a continuum attendant in any acquisition of goods and services with each phase ultimately progressing, especially as to bidder selection and disbursement, only with the concurrence of the HoPE,” the court said.
“There is a continuum attendant in any acquisition of goods and services with each phase ultimately progressing, especially as to bidder selection and disbursement, only with the concurrence of the HoPE,” the court said.
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