THE anti-graft court has approved the prosecution of a Mayor in Bohol for charging to the government P5,000 worth of gasoline supplied to his private vehicles. In a two-page Resolution of the Sandiganbayan Fifth Division, Chaired by Associate Justice Roland Jurado, it junked the motion for reconsideration filed by Mayor Doloreich Dumaluan of Panglao, Bohol who earlier asked a reinvestigation of his graft case.
The Sandiganbayan opined that the motion for reconsideration filed by Dumaluan is without merit and as such his arraignment shall now proceed on October 23, 2009.
The Sandiganbayan stressed that the findings of the Office of the Ombudsman in indicting Dumaluan is with sufficient ground and with legal and factual basis.
The court also pointed out that “there being neither new matter nor new evidence adduced, there is no reason to disturb the assailed resolution of the court.â€
Dumaluan was charged for violation of Section 3e of the Anti-Graft and Corrupt Practices Act for “causing undue injury to the government†by charging to “the account of the Municipality the amount of P5,601.23, representing the cost of gasoline and diesel fuel supplied to his private vehicles when in fact he already received his Transportation Allowance for the month of January 2005.â€
The Sandiganbayan earlier argued that the defenses and arguments presented by Dumaluan cannot compel the Ombudsman to consider such pieces of evidence.
As such, the Court ruled that “the arguments advanced by accused-movant Dumaluan are matters of defense that require evidentiary proof and support, the merits of which are best threshed out in a full-blown trial.â€
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