Sandiganbayan refuses to junk remaining charges vs ex-CDO lawmaker

Former Cagayan De Oro Rep. Constantino Jaraula might have had one of his graft charges dismissed earlier this year, but he has not been discharged from the remaining graft and malversation charges levelled against him after the Sandiganbayan denied his urgent consolidated motion to quash.

Jaraula was originally slapped with violations of Section 3(e) and (g) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act as well as Article 217 of the Revised Penal Code, also known as malversation. His charge of 3(g) has already been dismissed.

Jaraula sought to have the remaining charges junked as well, arguing that the informations filed against him were “defective,” because the facts alleged do not constitute any offense.

He added that there had been a violation of his right to due process for being denied the opportunity to participate in the reinvestigation.

But after a careful study, the anti-graft court’s Second Division decided to deny his motion. “Accused failed to convince us that there was delay that prejudiced him from the reinvestigation ordered for the other accused who were not given the opportunity to file their counter-affidavits in the prior preliminary investigation,” the resolution stated.

As for his claim that the Amended Informations do not constitute any offense, the court begged to differ since Informations filed before the Sandiganbayan need not state specific facts such as “which part of his official duties as a sitting Member of Congress was involved.”

The court said the charges against Jaraula are “sufficient” in form, so his arguments are matters of defense best passed upon after a fullblown trial.