Sandiganbayan junks Aurora Gov. Noveras appeal over ‘rigged’ road repair case

The Sandiganbayan has denied Aurora Governor Gerardo Noveras' appeal for the dismissal of a graft charge over the allegedly rigged bidding process for the repair of the provincial highway.

In its March 1 resolution, the Third Division denied the governor's motion for reconsideration for the dismissal and reinvestigation of the charge against him of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act due to lack of merit.

Noveras had said that the prosecution's allegation that he gave undue injury to the government by favoring “such parties” seems vague.

Noveras said this flaw should prompt the Sandiganbayan to return his case to the Office of the Ombudsman for reinvestigation. He also questioned the credibility of the complainant, Rodante Tolentino, and two of the prosecution’s witnesses.

However, the Sandiganbayan said the complaint against Noveras is sufficient in form. It said he can be charged for either causing undue injury or by giving unwarranted benefit to a private party.

The Sandiganbayan said that in this case, the governor was accused of causing “undue injury” to the government when he pushed the repair of the Dimalang Bridge Approach and the Road Section of the Casiguran-Dilasag Provincial Road.

“Accused Gerardo A. Noveras' contention that the Information is insufficient because it does not allege the quantification of the unwarranted benefit is similarly untenable,” the Sandiganbayan said.

“Even assuming that the unwarranted benefits, advantage or preference must be ‘specified, quantified and proven to the point of moral certainty’ the prosecution is not required to do so at this stage of the proceedings,” it added.

The anti-graft court said it no longer needs to resolve the other issues raised by Noveras in his appeal since these are “nothing but a reiteration or rehash” of his earlier motion.

Noveras and seven of his co-accused allegedly awarded the project contract to RMCR Construction in 2014 even before the procurement process was finished.

Notices to Proceed on the project 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.

Three days after the issuance of the notices, Administrative Aide II Liberato Urbano reported the 100 percent completion of both projects. — BM, GMA News