SC okays graft trial over parking building

The Supreme Court has paved the way for the Sandiganbayan to proceed with the trial for graft of a construction firm executive who has been accused of involvement in the overpriced contract of the Makati City parking building amounting to more than P800 million.

In a nine-page decision penned by Associate Justice Henri Jean Paul Inting, the SC’s Second Division dismissed the petition filed by Hilmarc’s Construction board chairman Efren Canlas seeking to overturn the resolutions issued by the Sandiganbayan dated September 25, 2017 and November 30, 2017 denying his motions to quash the two graft cases filed against him in connection with the anomalous construction of Phase IV and V of the parking building.

The high court rejected the arguments of Canlas that as private individual, he cannot be charged for violation of Section 3 (e) Republic Act 3019 or the Anti-Graft and Corrupt Practices Act which declares as unlawful the giving of any “unwarranted benefits, advantage or preference” to a private party by any public officer.

In ruling against Canlas, the SC affirmed that the Sandiganbayan did not commit grave abuse of discretion in denying Canlas’ bid to dismiss the cases against him.

“The well-settled rule is that private persons, when acting in conspiracy with public officers, may be indicted and, if found guilty held liable for the pertinent offenses under Section 3, of R.A. 3019, in consonance with the avowed policy of the anti-graft law to repress certain acts of public officers and private persons alike constituting graft or corrupt practice act or which may lead thereto,” the SC resolution stated.

The case stemmed from the two information filed against Canlas along with other incumbent and former Makati City officials for violation of Section 3 (e) of R.A. 3019 in relation to the construction of the Makati City Hall Parking Building.