Prosecutors block ex-Palawan Mayor Hagedorn's bid to dismiss SALN raps

Ombudsman prosecutors have expressed opposition to former Puerto Princesa City Mayor Edward Hagedorn's bid to dismiss the cases filed against him over his alleged failure to disclose some of his properties in his Statement of Assets, Liabilities and Net Worth (SALN).

In their eight-page opposition, the prosecutors urged the Sandiganbayan Fifth Division to deny Hagedorn's urgent motion to dismiss his cases for lack of merit.

Hagedorn is facing nine counts each of violation of Section 7 of RA 3019, Section 8 of RA 6713, and perjury for allegedly failing to detail several of his real properties, motor vehicles and business interests in his sworn SALN for 2004 to 2012.

According to the charge sheets filed by the Ombudsman, these include several residential and commercial buildings in Puerto Princesa City, motorcycle and sports utility vehicles, the Palawan Jolly Foods Corporation, Puerto Princesa Broadcasting Corporation, Green Forest Blue Waters Corporation and Hagedorn Travel and Tours Inc. — all of which Hagedorn is an incorporator.

Hagedorn, in his motion, insisted that the facts alleged in the case information against him do not constitute an offense, as there was no allegation that the SALN was filed under oath and subscribed before competent officers.

But the prosecutors argued that the allegations in the case information did mention sworn SALN, "thus, it cannot be said that the facts charged do not constitute any criminal offense for a failure to allege such fact."

The prosecutors added that even if it was found that the facts charged do not constitute a crime, it is still unnecessary to order the case information to be quashed, following the provisions of Section 4 of Rule 117, Revised Rules on Criminal Procedure.

"[T]he prosecution shall be given by the court an opportunity to correct the defect by amendment," they explained.

Hagedorn, in his motion, also said his cases should be dismissed because they were filed beyond their prescriptive period.

But the prosecutors said that the prescriptive period for Hagedorn's cases began at the time the alleged crime was discovered, which refers to the filing of the complaint against him on October 23, 2013, and not upon the filing of his subject SALNs.

"It is only upon the discovery of the properties and interests of the accused which were not included in his SALN that his violation of the crime/offenses charged can be ascertained," the prosecutors explained.

Hagedorn also argued that the Ombudsman committed "inordinate delay" of at least three years and five months in conducting the preliminary investigation for his cases.

The prosecutors, however, said that aside from the length of time, the former mayor did not show that his right to speedy disposition of cases was violated by "unreasonable, arbitrary and oppressive delays."

"Besides, inordinate delay in itself is not a ground for the dismissal of the information," they said.

The prosecutors also dismissed Hagedorn's claim that the cases against him are "duplicitous," saying that he is "not faced with one Information charging more than one offense, but with more than one information charging a different offense."

Hagedorn last March posted a total bail of P180,00 for all his charges.

He was supposed to be arraigned last April 27 but was cancelled after he suffered from a minor accident. — MDM, GMA News