SC allows Sandigan to hear case vs lamppost supplier

MANILA, Philippines - The Supreme Court (SC) has given the Sandiganbayan the go-signal to proceed with the graft case involving the allegedly overpriced lampposts used in preparations for the 12th Association of Southeast Asian Nations (ASEAN) Summit in Cebu in 2007.

This, after the SC’s Third Division dismissed the petition filed by Isabelo Braza, president of FABMIK Construction and Equipment Supply Co. Inc., the lamppost supplier, questioning the amended complaint filed by the Office of the Ombudsman against him.

In an 18-page decision, the SC division junked Braza’s arguments that the Ombudsman violated his right against double jeopardy and to speedy disposition of the case when it filed an amended case for violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act with the Sandiganbayan.

The SC ruled that the Sandiganbayan “did not commit grave abuse of discretion amounting to lack or excess of jurisdiction, much less did it gravely err in denying Braza’s motion to quash the information/dismiss the case.”

Braza was originally recommended by the Ombudsman-Visayas to be charged with violation of Section 3(g) of RA 3019 after the lampposts and other lighting facilities it supplied were found to be highly overpriced.

But upon reinvestigation, the Ombudsman amended the charges against Braza from violation of Section 3(g) to Section 3(e) of RA 3019.

The Sandiganbayan accepted the amended complaint and set a new arraignment for Braza. But he questioned the anti-graft court’s move before the SC.