'P900-million Malampaya cases vague' — Rolando Andaya

MANILA, Philippines — Former budget secretary and incumbent House Majority Leader Rolando Andaya has insisted that the 194 criminal cases filed against him by the Office of the Ombudsman in connection with the P900-million Malampaya fund scam were vague, thus the Sandiganbayan must temporarily suspend the cases’ proceedings.

In a 21-page motion for reconsideration, Andaya said the anti-graft court’s Third Division erred in its Aug. 20 resolution denying his motion for bill of particulars that would have compelled the ombudsman’s prosecution panel to supply additional details concerning the alleged offenses.

“Considering the gravity and magnitude of the charges against him, such a request for more factual details concerning his alleged complicity is not just a matter of procedural remedy but is a substantive right founded on the Constitution,” Andaya’s motion read.

“Unfortunately, this honorable court did not determine whether each request of accused Andaya is proper in a bill of particulars, thus depriving accused Andaya of his right to due process,” he added.

Andaya, an incumbent representative of Camarines Sur, said that under the Constitution, an accused has the right to be fully informed of the accusations against him “in order to adequately and intelligently prepare his defenses for trial.”

Andaya said the prosecution failed to state in the charge sheets his supposed series or combination of overt criminal acts nor his conspiracy with the other respondents.

Andaya said the prosecution just made a general allegation that he approved the release of P900 million from the Malampaya Fund to the Department of Agrarian Reform (DAR) through a special allotment release order (SARO) and a notice of cash allocation (NCA).

Andaya said the denial of his motion for bill of particulars would also allow the prosecution to unfairly surprise him and the other accused with evidence outside the allegations contained in the charge sheets.