Criminal Law

Court upholds Denial of Graft Raps vs Misuari

Date: 12 March 2019; Type: Legal News; Source: Philippine News Agency

MANILA, Mar 12 (PNA) - The Sandiganbayan has upheld its ruling that denied the motion seeking to dismiss the graft and malversation cases against former Autonomous Region in Muslim Mindanao (ARMM) governor Nur Misuari over the alleged anomalous procurement of more than PHP77-million worth of Information Technology (IT) packages in 2000 and 2001.

“The Court finds the subject motion for reconsideration unmeritorious,” the Sandiganbayan’s 3rd Division said in its resolution dated March 8.

“It bears stressing that accused-movant Misuari merely rehashed the same arguments regarding his alleged non-liability and lack of participation in the offenses charged, which were raised in his omnibus motion to dismiss and defer arraignment,” it added.

“The Court must stress that a comprehensive consideration of the merits of the prosecution's evidence and the defense's arguments, as to the alleged weakness thereof, is premature at this point and better left to trial on the merits. Suffice it to say that the Court has long determined the existence of probable cause and has already resolved to proceed with trial to afford all the parties the full opportunity to present their case,” the court said.

In his motion, Misuari asked the Sandiganbayan to reconsider its ruling dated Nov. 29, 2018, which denied his omnibus motion to dismiss and defer arraignment dated September 12 that year.

He reiterated that the court failed to consider that he only served as ARMM governor until Sept. 30, 2001 and that he was no longer a public officer when the alleged anomalous transactions were consummated in 2003 and 2004.

Misuari added that he was illegally detained from 2001 to 2008 and that he did not receive any money or funds that are subject of the complaint as payment was made when he was no longer ARMM governor.

“These arguments are not evidentiary in nature that require ventilation in a full-blown trial as the Court may take judicial notice of the same,” he said.

In its opposition, the prosecution argued that Misuari merely raised the same arguments or matters that have already been raised in his verified omnibus motion to dismiss and defer arraignment.

It added that for a motion for reconsideration to be given proper judicial cognizance, it "must contain not merely a reiteration of the arguments already submitted to and considered without merit by the Court."

The prosecution argued that "there is no truth to the claim of accused Misuari that he had no participation in the consummation of the transactions subject of the Information".

It cited the following documents that Misuari allegedly signed and approved in his capacity as ARMM governor:

For the transaction with MBJ Learning Tools: requisition issue voucher dated Dec. 21, 2000 for the procurement of PHP31-million worth of 124 sets of IT package for elementary and high schools; purchase order dated Dec. 23, 2000; and disbursement voucher No. 101-01-08-3190 for the payment of the IT package; 

For the transaction with CPR Publishing House: requisition and issue voucher dated July 24, 2001 for the procurement of PHP46,261,260 worth of 170 sets of Multi-Media IT package from CPR intended for elementary and high schools; purchase order dated July 30, 2001; and undated disbursement voucher of PHP46,261,260 for the payment of the Multi-Media IT package.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

MAS scores, sets Benchmark for Others

The Monetary Authority of Singapore's (MAS) enforcement report has revealed how it polices the financial markets under its charge, and is a welcome indicator of the greater openness the market has long sought, as the report mainly focused on market abuse, financial services misconduct, and money laundering-related control breaches.

Read More

INDUSTRY UPDATES

PRRD terminates Appointment of GRP Panel Members

MANILA, Mar 20 (PNA) - Malacañang on Wednesday confirmed the termination of the appointments of government peace negotiators with communist rebels "in view of the termination of the peace negotiations" with the Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF).

Read More

INDUSTRY UPDATES

Malanjum keeping Mum about his Successor

KUALA LUMPUR, Mar 20 (Bernama) - Chief Justice Tan Sri Richard Malanjum, who is due for compulsory retirement in April only smiled broadly and chose to remain secretive when asked about his successor.

Read More

INDUSTRY UPDATES

MP Noh Omar expelled from Dewan Rakyat for Three Days

KUALA LUMPUR, Mar 19 (Bernama) - Tanjung Karang MP Tan Sri Noh Omar has been expelled from the Dewan Rakyat for three days from today.

Read More

INDUSTRY UPDATES

ICC Prosecutors to be deported if they Probe Drug War

MANILA, Mar 18 (PNA) - Prosecutors of the International Criminal Court (ICC), who will enter the Philippines to investigate the Duterte administration’s war on drugs, may be deported, Malacañang said on Monday.

Read More

INDUSTRY UPDATES

Selangor wants tougher Environmental Laws

SHAH ALAM, Mar 17 (Bernama) - The Selangor government wants to enforce more stringent laws to address issues related to environmental pollution in the state, said Menteri Besar Amirudin Shari.

Read More

INDUSTRY UPDATES

Rosmah's Graft Case transferred to High Court

KUALA LUMPUR, Mar 15 (Bernama) - The High Court here today allowed the prosecution's application to transfer from the Sessions Court to the High Court the case involving two graft charges filed against Datin Seri Rosmah Mansor, who is the wife of former Prime Minister Datuk Seri Najib Tun Razak.

Read More

INDUSTRY UPDATES

IBP condemns Slay of another Lawyer in DavNor

MANILA, Mar 14 (PNA) - The Integrated Bar of the Philippines (IBP) on Thursday urged authorities to take action on the latest killing of a lawyer, Rex Jasper Lopoz, who was gunned down last March 13 in front of a shopping mall in Tagum City, Davao del Norte.

Read More

INDUSTRY UPDATES

IPOPHL brings IP-focused MCLE Program to Cebu

MANILA, Mar 14 (PNA) - The Intellectual Property Office of the Philippines (IPOPHL) will be mounting the 2019 edition of the Mandatory Continuing Legal Education (MCLE) this March in Cebu, to expand its education drive and reach out to IP practitioners in the Visayas.

Read More

INDUSTRY UPDATES

ASEAN aims at creating Future Digitally-Skilled Youths

Jakarta, Mar 14 (ANTARA) - Seven ASEAN member states, through the ASEAN Digital Innovation Programme initiated by the ASEAN Foundation in collaboration with Microsoft, aim to create digitally-skilled youths prepared to tackle challenges of the digital workspace in future.

Read More

INDUSTRY UPDATES

Tanintharyi Landholders sued under New Law

Local government officials and companies are already using the recently amended land law to remove villagers from disputed land, according to lawyers in southern Myanmar.

Read More

INDUSTRY UPDATES

SC to facilitate Greater Investor Inclusiveness

KUALA LUMPUR, March 14 (Bernama) - Opening local corporate bonds and sukuk to retail investors who meet the requirements set are among the steps taken by the Securities Commission Malaysia (SC) to promote investors inclusiveness in the local market.

Read More

INDUSTRY UPDATES

SC aims Further Expansion of Islamic Capital Market, says Chairman

KUALA LUMPUR, March 14 (Bernama) - The Securities Commission (SC), the regulatory body of the capital market, aim to foster growth that is premised on long-term value creation by intensifying efforts to further expand the Islamic capital market as well as the closely-linked sustainable finance segment.

Read More

INDUSTRY UPDATES

National E-Document Exchange Platform launched

Hanoi, Mar 12 (VNA) - The Government Office held a ceremony in Hanoi on March 12 to launch the National E-Document Exchange Platform, a move towards a digital government and economy.

Read More

INDUSTRY UPDATES

Cabinet approves 5Bn Baht Agro Subsidies

BANGKOK, Mar 13 (NNT) - The weekly Cabinet meeting has allocated another five billion baht to support rice agriculture during the current production year.

Read More