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Sandiganbayan lifts HDO vs. state witness in ex-Zambo del Norte mayor’s case


The Sandiganbayan has ordered the lifting of a hold departure order (HDO) against a co-accused-turned-state witness in the trial of the former mayor and vice mayor of Labason, Zamboanga del Norte over the questioned procurement of a sport utility vehicle.

In a four-page resolution penned by division chairperson Associate Justice Sarah Jane Fernandez, the Sixth Division said it approves the omnibus motion of Eduardo Ayunting for the lifting of his HDO and release of cash bond after he was admitted as a state witness in April 2016.

"By reason of his discharge and the completion of his testimony, Ayunting is no longer an accused. Without any jurisdiction over his person to maintain, the HDO issued against Ayunting should be lifted," the resolution dated March 9 read.

Ayunting is a co-accused of former mayor Wilfredo Balais and former vice mayor Virgilio Go in the alleged falsification of public documents for the purchase of a secondhand 2001 Nissan Patrol Wagon.

Based on the information of the case, the municipality, through Go, purchased the vehicle from Ayunting worth P960,000.

A review of the bidding documents, however, showed that procurement documents for the vehicle were fraudulent while the abstract of bids and minutes were falsified to make it appear that there were other prospective bidders for the project.

Graft investigators also found that Balais sold the same vehicle to Ayunting for only P500,000 on November 26, 2010.

Ayunting was discharged from the case last month after the prosecution moved for him to be a state witness.

The Sandiganbayan said it has the power to turn Ayunting into a state witness under Sections 17 and 18, Rule 119 of the Rules of Court.

"After being previously discharged from the information, Ayunting completed his testimony on February 14, 2017, in compliance with the condition of his discharge, which amounts to his acquittal," the Sandiganbayan said. — BM, GMA News

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