Sandiganbayan rules with finality on dismissal of graft raps vs. Baguilat

The Sandiganbayan has ruled with finality on the dismissal of the graft charges against Ifugao Representative Teodoro Baguilat Jr. over the allegedly overpriced purchase of a second-hand vehicle in 2003.

The Fifth Division denied the partial motion for reconsideration of the prosecution in a resolution dated August 10.

Baguilat, then serving as Ifugao governor, and two provincial officials allegedly conspired with one another when they purchased a second-hand Isuzu Wagon Trooper worth P900,000 from a certain Jose Man Singh of JMS General Merchandise without public bidding and budget appropriation.

The case was dismissed due to an inordinate delay of 13 years to complete the fact-finding and preliminary investigations.

Prosecutors from the Office of the Ombudsman appealed the case, saying the decision of the Sandiganbayan is not yet final based on the 15-day period allowed to file a petition for certiorari stated under Rule 45 of the Rules of Court.

It also emphasized that the 60-day period under Rule 65 to file the same plea has not yet expired when it received the Sandiganbayan resolution on June 4.

The Supreme Court had declared that Rules 45 and 65 are separate legal remedies, with the former  "for review errors of judgment" while the latter covers "errors of jurisdiction or grave abuse of discretion."

However, the Sandiganbayan said jurisprudence had been negated since the prosecution has yet to file its petition for certiorari even during the 60-day period it raised in its appeal, thus rendering its decision moot and academic.

"The issue of whether or not a petition under Rule 45 or Rule 65 is the proper remedy has become irrelevant here, considering that to date, the prosecution has not filed any of such petition. The record shows that the periods of fifteen (15) days [Rule 45\ and sixty (60) days [Rule to file any of such petitions had already lapsed," the Sandiganbayan said. — RSJ, GMA News