Sandiganbayan junks ex-Mayor Hagedorn’s motion to dismiss SALN raps

The Sandiganbayan has denied the urgent omnibus motion of former Puerto Prinsesa City, Palawan Mayor Edward Hagedorn to dismiss the cases filed against him for his alleged failure to disclose properties and business ties in his Statement of Assets, Liabilities, and Net Worth (SALN).

In an eight-page resolution promulgated by the Fifth Division on July 19, the anti-graft court said it found "no justification for the dismissal" of Hagedorn's case due to lack of merit.

He is facing nine counts each of graft, violation of the code of conduct for public officials, and perjury.

Based on the information on the case, Hagedorn is said to have "unlawfully and criminally" failed to detail several of his real properties, motor vehicles and business interests in his sworn SALN from 2004 to 2012.

These include several residential and commercial buildings in Puerto Princesa City, motorcycle and sports utility vehicles, the Palawan Jolly Foods Corporation, Puerto Princesa Broadcasting Corporation, Green Forest Blue Waters Corporation and Hagedorn Travel and Tours Inc. -- all of which list Hagedorn as incorporator.

But Hagedorn, in his motion, insisted that the facts alleged in the case information against him do not constitute an offense, as there was no allegation that the SALN was filed under oath and subscribed before competent officers.

The former local chief executive also argued that his case should be junked because they were filed beyond their prescriptive period.

Hagedorn added that the Ombudsman committed "inordinate delay" of at least three years and five months in conducting the preliminary investigation of his cases.

The Sandiganbayan, however, said the "prosecution did not commit a mistake in charging the proper offense; rather, it merely failed to file an information sufficient to charge the offense it intends to charge."

The court also ruled that the years during which Hagedorn allegedly misdeclared his SALN are within the prescriptive period, therefore "the criminal liabilities of the accused still subsist."

Further, the Sandiganbayan said the delay in the conduct of preliminary investigation is not a ground for the dismissal of the case.

"While justice is administered with dispatch, the essential ingredient is orderliness, expeditiousness and not mere speed. It cannot be definitely said how long is too long in a system where justice is supposed to be swift, but deliberate," the resolution said.

Associate Justice Maria Theresa Mendoza-Arcega penned the decision with the concurrence of Associate Justices Rafael Lagos and Reynaldo Cruz. — RSJ/KVD, GMA News