Sandiganbayan affirms denial of Abalos' bid to dismiss graft rap

The Sandiganbayan has affirmed its denial of former Commission on Elections (Comelec) chairman Benjamin Abalos Sr.'s bid to dismiss the graft case filed against him over the alleged anomalous purchase of vehicles worth P1.7 million in 2003.

In an eight-page resolution, the court's Sixth Division denied Abalos' motion for reconsideration to its earlier resolution rejecting his motion to quash.

In his motion for reconsideration, Abalos noted that the Ombudsman investigation of his case started on October 9, 2008, or more than eight years before the case information was filed with the Sandiganbayan, as it was the date stated on the Field Investigation Office's (FIO) complaint against him.

Abalos argued that with the long period of time the case was under preliminary investigation, his right to speedy disposition of cases was violated.

But the court, in its resolution, affirmed that the start of the probe was only on August 13, 2013 when the FIO complaint was filed for preliminary investigation, roughly three years before the case information was submitted to the Sandiganbayan.

The court also found "inconsistent" Abalos' claim that he was aware that he was being investigated as early as 2008, and that he was experiencing "stress and anxiety" over it.

It noted that in Abalos' earlier motion to quash, he stated that he was not able to assert his right to speedy disposition of cases "as he did not even know it existed."

"Indeed, accused Abalos could not know that a case existed against him prior to the preliminary investigation because of the fact that there was yet no pending case against him then," the court cited its earlier resolution.

Because of these circumstances, the court said it found no compelling reason to reverse or modify its earlier denial of Abalos' motion to quash.

"Wherefore, premises considered, the motion for reconsideration... filed by accused Benjamin Abalos Sr., through counsel, is hereby denied," the court's resolution read.

Abalos was charged with graft for allegedly approving the purchase of two units of Toyota Revo VX200 worth P1.7 million without public bidding.

The court has set his arraignment on June 22. —KBK, GMA News