Sandiganbayan allows Roderick Paulate to present COA exec as witness

The Sandiganbayan has allowed former Quezon City councilor and actor Roderick Paulate to present a Commission on Audit (COA) official as witness for his defense involving the graft and falsification of public documents charges filed against him over alleged hiring of bogus employees.

In a six-page resolution, the Sandiganbayan said Paulate's motion for reconsideration on the court's previous ruling waiving the presentation of defense witness Emilda Navarro of COA had merit because Navarro's inability to show up for the agreed trial date was beyond the defense team's control.

"We grant the motion for reconsideration. To recall, accused (Paulate) through their counsel, Atty. Nonato, moved to reset the hearing because of the physical inability of Ms. Navarro, the intended witness from COA, to appear and testify as her office needs to finalize the Annual Audit Report and Exit Conference with the Mayor of City of Valenzuela," the Sandiganbayan said.

The anti-graft court also said Paulate's counsel exerted efforts to locate and secure the presence of Navarro and submitted proof of their request to allow her to testify as witness.

Likewise, the court said records have shown the exchange of emails between Paulate's counsel and the lawyer from the COA-Legal Service Sector, where the latter asked for a subpoena issued by the Court addressed to Navarro.

The court, however, clarified that this would not mean new trial dates for Paulate.

"Pursuant to A.M. No. 15-06-10, III (2)(d) which states that the presentation of evidence must still be finished on the dates previously agreed upon, the Court maintains the remaining number of trial dates. Considering that there are only three trial dates left which are as follows: 31 May, 28 June, and 13 July 2022, accused are reminded to present all their witnesses and finish the presentation of evidence within those dates," the Sandiganbayan said.

Based on the April 27, 2022 Sandiganbayan order, the May 31 hearing will be conducted through videoconferencing while the June 28 and July 13 dates will be conducted in-court.

The court alo reminded Paulate to coordinate with and assist their counsel in locating their witnesses to avoid further delay.

"Wherefore, premises considered, accused Roderick Paulate and Vicente Bajamunde's Motion for Reconsideration is granted and the Court's Order dated April 27, 2022 waiving the presentation of COA representative as witness is reversed and set aside," the Sandiganbayan said.

"Let a subpoena ad testificandum issue for intended witness Emilda Navarro of COA to appear and testify before this Court on 28 June 2022 at 8:30 in the morning," it added.

Government prosecutors are alleging that Paulate ordered his then-chief of staff Bajamunde to prepare questionable Personal Data Sheets and fake job orders and signed it as the recommending authority. —KBK, GMA News