01-08-2025
Sandiganbayan asserts jurisdiction in Pharmally case
The Sandiganbayan has issued a Resolution stating that it has jurisdiction over the three counts of graft cases worth over P4 billion involving Phamally and the Procurement Service of the Department of Budget and Management (PS-DBM).
In the 43-page Resolution, the anti-graft court said the Malolos Bulacan RTC did not commit grave abuse of discretion in junking the three graft charges which should have been filed before the Sandiganbayan.
These graft cases involve P4.16 billion of the following government purchases amid COVID-19 pandemic:
P2.877 billion worth of 41,400 Units of BGI Real Time Fluorescen RT-PCR Kits
P600 million worth of 8,000 Units of PCR Kit, BGI Real Time Fluorescent Kit
P688 million worth of 2,000 Units of A*Star Foundation Kit 2.0
'After a careful review of the records and issues in these cases, this court finds no grave abuse of discretion that can be attributed to the public respondent who issued subject Orders [dismissing the graft charges],' the Sandiganbayan said.
'The issuance by RTC-Malolos of subject Orders did not breach the line of grave abuse of discretion. Rather, it correctly held that RA No. 10660 does not require that damage must be an element of the crime for the Sandiganbayan to take cognizance of the cases,' the Sandiganbayan added.
The Department of Budget and Management officials accused in the case include:
Christopher Lao
Warren Liong
Christine Suntay
Augusto Ylagan
Jasonmer Uayan
Webster Laurenana and
Paul Jasper Villanueva De Guzman
On the other hand, Pharmally officials among the accused include:
Twinkle Dargani
Mohit Dargani
Linconn Uy Ong
Justine Garado,
Huang Tzu Yen
Krizle Grace Ukkong Mago and
Lin Weixiong.
The Sandiganbayan also said that the Malolos RTC 'correctly held that the amounts involved are not mere incidents of the recital of the material facts of the cases but are illustrative of the gravity of the offense charged against the accused-respondents and of the damage caused to the government.'
'Hence, petitioner's bid to invalidate subject Orders must fail. Wherefore, the Petition for Certiorari filed by the Office of the Special Prosecutor [under the Office of the Ombudsman] is denied. Insofar as the three [graft] Informations are concerned, it is declared that it is the Sandiganbayan which has jurisdiction over the crimes charged,' the Sandiganbayan said. —VAL, GMA Integrated News
