Sandiganbayan 6th division consolidates charges in P289M Naujan flood control case

The Sandiganbayan Sixth Division has granted the Ombudsman prosecutors’ motion to consolidate the malversation and graft cases against former Ako Bicol party-list Rep. Zaldy Co and 16 others for a joint trial.

In a Resolution dated November 27, the division said the government prosecutors’ motion to consolidate cases in connection with the P289 million substandard flood control project in Oriental Mindoro has merit because both cases have the same set of facts, as well as involve the same series of transactions involving the same parties, and will substantially use the same witnesses and documentary evidence during trial.

The resolution is subject to the Fifth Division's acceptance.

The Sixth Division received the malversation charges, while the graft charge was previously raffled off to the Fifth Division.

“Given the identity of parties, the factual background, the evidence to be presented, and the legal issues involved, separate trials for the two cases would be redundant, costly, and time-consuming for the Court and the parties,” the Sixth Division said.

“Consolidation of these cases will serve the highest interest of justice, promote judicial economy, expedite the resolution of the charges, prevent the repetition of evidence, and avoid the possibility of conflicting factual findings or rulings on the same set of facts,” it added.

“For these reasons, the prosecution's Motion to Consolidate Cases is hereby granted. Let SB-25-CRM-0041, entitled People of the Philippines v. Elizaldy 'Zaldy' Salcedo Co, et al., be consolidated with SB-25-CRM-0039, entitled People of the Philippines v. Elizaldy 'Zaldy' Salcedo Co, et al., which is pending before the Fifth Division of the Sandiganbayan, in accordance with the 2018 Revised Internal Rules, subject to the acceptance thereof by the Fifth Division,” the Sandiganbayan said.

The Sandiganbayan Sixth Division is chaired by Associate Justice Sarah Fernandez. Other members of the Sandiganbayan Sixth Division include Associate Justices Kevin Vivero and Lord Villanueva.

The Sandiganbayan Fifth Division, on the other hand, is chaired by Associate Justice Zaldy Trespeses with Associate Justices Mary Ann Corpus-Mañalac and Gener Gito.

The individuals accused in the graft and malversation charges include:

• former House appropriations panel chairperson Co
• Gerald Pacanan, DPWH regional director
• Gene Ryan Altea, DPWH assistant regional director
• Ruben D.S. Santos, DPWH assistant regional director
• Montrexis Tamayo, DPWH OIC-chief, Planning and Design Division
• Dominic Serrano, DPWH construction division chief and Bids and Awards Committee (BAC) chairperson
• Dennis Abagon, DPWH OIC-chief, Quality Assurance and Hydrology Division, BAC regular member 
• Juliet Calvo, DPWH Maintenance Division Chief 
• Lerma Cayco, DPWH accountant IV and 
• Felisardo Casuno, DPWH project engineer III 
• Timojen Sacar, DPWH Material Engineer
• Aderma Alcazar, president and board chair, Sunwest Construction
• Cesar Buenaventura, treasurer and board member, Sunwest Construction
• Consuelo Aldon, board member, Sunwest Construction
• Engr. Noel Yap Cao, board member, Sunwest Construction and
• Anthony Ngo, board member, Sunwest Construction

Of the 17, nine have already pleaded not guilty in the graft and malversation charges, including Pacanan, Altea, D.S. Santos, Tamayo, Serrano, Abagon, Calvo, Cayco, and Casuno. –NB, GMA Integrated News