Former Quezon City mayor Herbert Bautista’s bid to dismiss the graft case filed against him involving a P32-million computerization project has been rejected by the Sandiganbayan.
The anti-graft court in a seven-page resolution dated June 22 but released on Tuesday said “Accused Bautista cavils that the amended pre-trial brief [of the prosecution] is fatally defective for non-compliance with the rules governing pre-trial in civil cases, specifically Rule 18 of the Rules of Civil Procedure.”
“At this juncture, it must be emphasized that what primarily governs the pre-trial of this case is the Revised Rules of Criminal Procedure,” the Sandiganbayan said.
The Rules of Civil Procedure, the court said, only apply in a suppletory (supplementary) character, not as a substitute, to criminal cases, the court stated.
“Consequently, whether or not the prosecution’s pre-trial briefs contain a description of the purpose of the documents or exhibits intended to be offered, or the substance or summary of the witnesses’ respective testimonies…ultimately, the non-filing or lack of substantial compliance thereof, is not a ground for the dismissal of a criminal case under the present Rules,” the anti-graft court added.
Bautista, in his defense, pointed out that the government’s pre-trial briefs against him are but a “mere scrap of paper” and therefore must be declared a failure on the part of the state prosecutors.
Bautista also said the failure to file a pre-trial brief has the same effect as failure to appear at the pre-trial, including dismissal of the case with prejudice. But the anti-graft court believed otherwise.
“In criminal cases, the duty of the prosecution is to establish the guilt of the accused by proof beyond reasonable doubt, whereas the duty of the defense is to parry the prosecution’s thrusts.
The duty of the court is to then receive the parties’ respective viewpoints, carefully weigh the same, and render judgment in accordance with law,” the Sandiganabayan said.
“In the same way that the prosecution cannot impose upon the accused how to set up his defense, the accused cannot dictate on the general strategy employed by the prosecution.
Accused Bautista’s carpings, therefore, find no relevant advocacy at this instance,” the Sandiganbayan added. Bautista has yet to comment on the Sandiganbayan ruling as of press time.
