Sandiganbayan junks Pacuribot’s motion

The trial of the criminal case against Mayor Oscar Moreno, et al, will push through at the Sandiganbayan.

This after the Sandiganbayan Second Division denied both Engineer Rolando Pacuribot’s motions to quash information and urgent prayer to defer arraignment for “no merit”.

Pacuribot filed on May 7, 2018 an omnibus motion and a separate supplemental omnibus motion on May 12, 2018, both with urgent prayer to defer arraignment on his graft charges, particularly 3 counts of violation of Section 3 of the Anti-Graft and Corrupt Practices Act and another 3 counts of Falsification of Public/ Official Document.

In his motion, Pacuribot wants the quashal of the informations

asserting that the facts do not constitute an offense, and his constitutional right to speedy disposition of cases was violated.

“The Court finds that the above-quoted averments in the Information are sufficient. They contain all the elements constituting a Violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act and Falsification of Documents under 171, paragraph 2 of the Revised Penal Code,” reads the Sandiganbayan statement.

Pacuribot also asserted that his right to speedy disposition of cases was violated, pointing out that the Office of the Ombudsman took 3 years to conduct a preliminary investigation.

Pacuribot claimed that there was inordinate delay because the complaint against him was filed on January 31, 2015, but the information was filed in court only on February 23, 2018.

However, the Sandiganbayan ruled that the 3 years period spent in conducting the preliminary investigation is “reasonable and acceptable”.

“Considering the peculiar circumstances of these cases, the Court finds that there was no inordinate delay, or one that can be characterized as vexatious, capricious, and oppressive,” the decision said.

This particular case stemmed in December 2011, when Mayor Oscar Moreno, then provincial governor of Misamis Oriental, former Administrator Patrick Gabutina, former Provincial Budget Officer Elmer Wabe,, former Provincial Accountant Divina Bade, former Provincial General Services Officer Elsie Lopoy, former Provincial Agriculturist Danilo Maputol, and Assistant Engineer Rolando Pacuribot, awarded the Equiprent Corporation a contract of lease or rental of a heavy equipment worth P46,254.62 without public bidding.

Pacuribot is the current head of the City Engineer’s Office.

The Sandiganbayan resolution was penned by Associate Justice Oscar Herrera Jr. and promulgated on July 31, 2018. PJ Orias