The Sandiganbayan Third Division has denied the motion to dismiss the case filed against Camarines Sur Rep. Rolando Andaya Jr. in connection with the alleged P900-million Malampaya fund scam.
In a 28-page resolution dated March 6, the anti-graft court said it would be unfair for the prosecution to dismiss the case against the lawmaker now without a full-blown trial.
“The arguments and/or allegations of the prosecution, as well as the arguments and/or defenses of accused-movant Andaya Jr., should all be heard by the court at an opportune time, or at the time which they are required to submit their respective pieces of evidence,” the court said.
Andaya and his several co-accused said in the case, including detained businesswoman Janet Lim-Napoles, and 22 others are facing 97 counts each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and malversation of public funds through falsification of public documents.
They were accused of diverting P900 million from the Malampaya funds allocated by the Department of Budget and Management to the Department of Agrarian Reform in 2009 and in the process using 12 Janet Lim Napoles-led non government organizations as conduits to the alleged fraud.
Andaya, who was then Secretary of the Department of Budget and Management, allegedly released the funds through the Agrarian Reform department.
In his motion, Andaya described as “fatally defective” the charges of 97 counts each of graft and malversation through falsification filed against him as his accuser failed to show how he participated in the scheme. Maricel V. Cruz
Andaya also said his mere approval of the special allotment and release order and the notices of cash allocation worth P900 million, intended for relief operations and rehabilitation of areas affected by Tropical Storm Ondoy and Typhoon Pepeng between 2009 to 2010, were part of his duty as then-Budget and Management secretary.
He also belittled the issue of conspiracy in his case, calling it a “bare allegation” that lacked specifics on the persons whom he allegedly conspired with.
But the Sandiganbayan said the facts against Andaya were sufficient in form.
“Matters of evidence and other details, i.e., the facts supporting the ultimate facts as well as the finer details of why and how the crime was committed, do not need to be alleged in the information,” the Sandiganbayan said.
“Jurisprudence holds that all conspirators are liable as co-principals regardless of the extent and character of their respective participation because, in contemplation of law, the act (of) one is the act of all,” it said.
Presiding Justice Amparo Cabotaje-Tang penned the resolution, with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.