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Sandigan junks dismissal bid of Aurora Governor Noveras over 'rigged' highway repairs
The Sandiganbayan has denied the motion of Aurora Governor Gerardo Noveras to dismiss his graft case in relation to his alleged role in the rigged bidding process for the repair of the provincial highway in 2014.
A resolution from the Sixth Division on January 14 said Noveras' motion lacks merit because he has been correctly charged of acting with "manifest partiality, evident bad faith, or inexcusable negligence."
"Accused Noveras argues that the information is insufficient because it does not allege the element of causing undue injury to any party, including the government. The court disagrees," the Sandiganbayan said.
The prosecution indicted Noveras and seven others for alleged violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for supposedly implementing the anomalous repair of the Dimalang Bridge Approach and the Road Section of the Casiguran-Dilasag Provincial Road.
The prosecution said evidence showed the project's contractor, RMCR Construction, already bagged the road repair works even before the procurement process was finished.
Notices to Proceed on the project supposedly showed that RMCR Construction got the nod to implement the repairs on August 15 with an estimated duration of 60 calendar days for the bridge approach and 30 days for the road section.
However, three days ater the issuance of the notices, Administrative Aide II Liberato Urbano reported the 100 percent completion of both projects.
The Sandiganbayan said the prosecution no longer needs to state additional information in the charge sheet, contrary to the motion of Noveras.
The anti-graft court also denied the request for a leave of court of Noveras to allow the Office of the Ombudsman to reinvestigate his case.
It said such request is prohibited under the continuous trial rule, noting the period to file a motion for reinvestigation lapsed five days after Noveras received a copy of the Ombudsman's indictment order against him.
"Clearly, the attached motion is grounded on issues of credibility and on his innocence. A preliminary investigation has actually been conducted, and hence, the motion to be filed and admitted is prohibited," the resolution, penned by division chairperson Associate Justice Sarah Jane Fernandez, said.
