Andaya loses bid to dismiss P900-M Malampaya fund scam case

Camarines Sur 1st District Representative Rolando Andaya Jr. has lost his bid for the dismissal of his 194 criminal charges at the Sandiganbayan in connection with the alleged P900-million Malampaya fund scam.

In a 28-page resolution dated March 6, the Third Division of the Sandiganbayan denied the motion to quash of Andaya, ruling that dismissing the case against the lawmaker now without a full-blown trial would be unfair for the prosecution.

"The arguments and/or allegations of the prosecution, as well as the arguments and/or defenses of accused-movant Andaya Jr., should all be heard by the court at an opportune time, or at the time which they are required to submit their respective pieces of evidence.

Andaya, in his motion, called his charges of 97 counts each of graft and malversation through falsification "fatally defective" because it failed to show how he participated in the scheme.

Andaya said his mere approval of the special allotment and release order and the notices of cash allocation worth P900 million, meant for relief operations and rehabilitation of areas affected by Tropical Storm Ondoy and Typhoon Pepeng between 2009 to 2010, were part of his duty as then-Budget and Management secretary.

He added the issue of conspiracy in his case is a "bare allegation" that lacked specifics on the persons whom he allegedly conspired with.

However, the Sandiganbayan said the facts against Andaya were sufficient in form. It cited the August 2018 resolution which said all the prosecution had to state in the charge sheets are "ultimate facts," or facts which the evidence is expected to support.

"Matters of evidence and other details, i.e., the facts supporting the ultimate facts as well as the finer details of why and how the crime was committed, do not need to be alleged in the information," the Sandiganbayan said.

Andaya does not also need to participate in every detail of the scheme for conspiracy to exist for he may have a task different from his co-accused, according to the resolution.

"Jurisprudence holds that all conspirators are liable as co-principals regardless of the extent and character of their respective participation because, in contemplation of law, the act (of) one is the act of all," it said.

Presiding Justice Amparo Cabotaje-Tang penned the resolution, with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.

Convicted plunderer Janet Lim Napoles is also among the accused in the case following the alleged benefit her bogus foundations enjoyed from the scheme, but she has yet to be arraigned due to lack of authority from the Supreme Court for her to temporarily leave her detention facility. 

GMA News Online has reached out to Andaya's camp for the solon's reaction but has yet to receive a reply. — RSJ, GMA News