Sandiganbayan rules to proceed with arraignment of Duterte’s cousin

The Sandiganbayan has ruled to proceed with the arraignment of Danao City, Cebu Mayor Ramonito Duterte Durano III, the second cousin of President Rodrigo Duterte, over his alleged ignorance on an order issued by the Civil Service Commission.

In a five-page resolution promulgated on February 20, the Fifth Division denied Durano's motion to hold in abeyance his arraignment and maintained its original March 2 schedule.

"Wherefore, accused's 'Motion to Hold in Abeyance any Further Action on this Case' is hereby denied. The scheduled arrraignment and pre-trial conference set on March 2, 2018 is maintaned," the court ruling's dispositive portion read.

Durano is facing one count of violation of Section 67, Book V of Executive Order No. 292 in relation to Section 121 of the Revised Rules on Administrative Cases in the Civil Service.

The Office of the Ombudsman has accused him of "willfully, unlawfully, and criminally" neglecting to implement a CSC order dated Aug. 14, 2014 directing him to reinstate certain city government employees and pay their back wages, leave credits and other benefits.

Durano allegedly failed to implement the CSC decision "despite the fact that the decision and order had become final and executory, to the prejudice of the employees and detriment of public service.

In his motion, Durano asked the Sandiganbayan to suspend the proceedings of his case pending resolution of his petition for certiorari and application for issuance of a writ of preliminary injunction at the Supreme Court and Court of Appeals, respectively.

The prosecution opposed the motion, saying the trial of the case must proceed as Durano's arguments are not covered under Section 11, Rule 116 of the Revised Rules of Court.

Based on the Rules of Court, the Sandiganbayan said it can only merit the suspension of proccedings if Durano is "suffering from an unsound mental condition," if there is an existing prejudicial question, or if a petition for review is pending at either the Department of Justice or Office of the President.

"Necessarily, thus, the intended deferment of the proceedings if granted will run counter to the afore-cited rules of procedure, including the general prohibition on postponements designed to expeditiously disposed of criminal cases," the Sandiganbayan said.

Associate Justice Maryann Corpus-Manalac penned the resolution that was concurred in by Associate Justices Rafael Lagos and Maria Theresa Mendoza-Arcega.

Presidential spokesperson Harry Roque had confirmed to GMA News Online that Durano is a second cousin of Duterte.

Roque, however, said Duterte and his cousin are "not in good terms since (Durano) supported Grace Poe" in the 2016 presidential elections. —KBK, GMA News