The graft case filed against Senator Gringo Honasan will go to trial after all.
This after the Sandiganbayan denied his motion for reconsideration in the graft cases over his alleged involvement in the P29.1 million in Priority Development Assistance Funds (PDAF) in 2012.
In a six-page resolution dated October 27, the anti-graft court’s Second Division said Honasan’s arguments were mere reiteration of his earlier opposition in the case where he sought for its dismissal due to lack of probable cause.
“After a careful study, the court finds that movant’s motion for reconsideration is devoid of merit. The court correctly read and interpreted movant’s motion as one for judicial determination or re-determination of probable cause,” the resolution read.
Honasan had argued that he he should not be held liable for graft since he committed no undue injury to the government as he merely complied with the regulations of the National Council of Muslim Filipinos (NCMF).
Honasan is facing two counts of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act when he allegedly released his PDAF to NCMF to finance livelihood projects for Muslim communities in the National Capital Region and Zambales.
Based on fact-finding investigations, Honasan tapped NCMF as implementing agency and Focus Development Goals Foundation, Inc. as non-government organization-partner without going through procurement regulations.
However, the Sandiganbayan said the lawmaker’s motion implies that he only wants a re-determination of probable cause, which is already prohibited since the anti-graft is bound to determine criminal liability on charges filed by the Office of the Ombudsman anyway.
“Very clearly too, movant is now actually asking the court again to make a judicial determination or re-determination of probable cause and nothing more,” the resolution read.
In a separate resolution, the Sandiganbayan also denied the motions to quash of Honasan’s co-accused — then-NCMF secretary Mehol Sadain and and NCMF officials Galay Makalinggan and Aurora Aragon-Mabang.
The Sandiganbayan said the case information against Sadain, Makalinggan, and Mabang contained all the elements constituting graft.
“Suffice it to emphasize that facts which constitute the defense of the accused against the charge in the information must be established during the trial. Such facts and circumstances do not constitute proper ground for a motion to quash,” the resolution read.
Second Division chairperson Associate Justice Oscar Herrera Jr. penned both resolutions and concurred by Associate Justices Michael Frederick Musngi and Lorifel Pahimna.
