
MANILA — The Sandiganbayan has rejected motions for reconsideration filed by several accused in one of the Pharmally contracts cases, which questioned the Ombudsman’s temporary withdrawal of charges to allow for re-examination.
In a six-page resolution dated December 12, penned by Associate Justice Maria Theresa Mendoza-Arcega, the anti-graft court’s First Division said the motions “failed to raise any new and substantial arguments, and no cogent reason exists to warrant a reconsideration of the Court’s resolution.”
“Furthermore, the Court finds that the motions raise arguments that have already been passed upon. Reconsideration on that ground may also be denied summarily,” it added.
The court had previously approved the prosecution’s motion to withdraw the information, enabling the Office of the Ombudsman to reinvestigate the cases for alleged violations of Republic Act 3019, or the Anti-Graft Law. Ombudsman Jesus Crispin Remulla had directed the Office of the Special Prosecutor to seek withdrawal of Pharmally cases that had not yet reached arraignment, citing concerns that some facts and evidence may have been overlooked or “intentionally weakened.”
The denied motions were filed by former Department of Budget and Management Procurement Service officer-in-charge Lloyd Christopher A. Lao; Pharmally Pharmaceutical director Linconn U. Ong; financial manager Lin Weixiong; former deputy Ombudsman Warren Rex Liong; and Pharmally corporate secretary Mohit C. Dargani.
The accused argued that allowing the withdrawal of charges “compromised the efficient administration of justice and judicial stability and allowed itself to be unwitting tools of abuse and injustice for the advancement of political ends.”
The charges pertain to Section 3(e) of RA 3019, which penalizes public officers for causing undue injury to any party or giving unwarranted advantages to private individuals through manifest partiality, evident bad faith, or gross negligence in the performance of their official duties. This provision targets acts of corruption where officials abuse their power to favor someone or disadvantage others, even without personal financial gain.




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