CA voids Guardo's plea on malversation charge

CEBU, Philippines - The Court of Appeals in Manila has nullified the arraignment of businessman Jonathan Guardo in the malversation case filed against him for his alleged failure to liquidate the P10 million released to him during the 23rd Southeast Asian Games in December 2005.

In an eight-page decision penned by Associate Justice Rosalinda Asuncion-Vicente, the 9th Division of the Court of Appeals granted Guardo’s petition for certiorari and mandamus against Regional Trial Court Branch 11 Judge Cicero Jurado, Jr. in Manila.

“The assailed order dated July 15, 2010 and the two orders both dated July 16, 2010 are reversed and set aside. Petitioner’s arraignment is hereby declared void and public respondent is hereby directed to defer the arraignment of petitioner,” the appellate court ruled.

The CA sustained Guardo’s contention that the RTC’s denial of his motion to suspend the proceedings of the case pending the resolution of his motion for reconsideration was “tainted with grave abuse of discretion.”

According to the appellate court, Jurado cannot use the speedy disposition of cases as ground to proceed with the arraignment of Guardo without taking into consideration the pending motion for reconsideration on the findings of probable cause.

“The speedy disposition of cases can never justify an infringement of the Constitutional right of an accused to due process. The protection of the right to life and liberty of an accused shall always remain paramount in every criminal proceeding,” the CA decision reads further.

Guardo earlier moved to defer his arraignment until his motion for reconsideration is resolved by the Department of Justice. But Jurado denied his motion and set the arraignment last July 16.

Guardo refused to enter a plea but the court entered a not guilty plea for him. Guardo questioned Jurado’s action thru the instant petition.

The case stemmed from his failure to account of the P10 million fund released to the Cebu Organizing Committee of the 23rd Southeast Asian Games in December 2005. Guardo was the chairman of the organizing committee.

The money came from the Philippine Sports Commission and was given to improve the sports facilities in Cebu City, Mandaue and Danao where some of the events of the biennial games were held.  (FREEMAN)