GRAFT TRIAL VS. EX-ALOGUINSAN MAYOR, 6 OTHERS TO CONTINUE

Case stemmed from the complaint that a town councilor filed against them over 28 irregular purchases of food supplies worth more than P282K in 2010 from a bakeshop owned by the Morenos.

The trial of the graft charges against former Aloguinsan mayor Augustus Moreno and six others before the Sandiganbayan will continue.

The anti-graft court’s Special Third Division denied for lack of merit Moreno’s motion to quash the charge.

“After an assiduous assessment of the arguments raised by the parties, the court finds the subject motion unmeritorious,” reads the Sandiganbayan’s resolution penned by Associate Justice Amparo Cabotaje-Tang.

Moreno, his wife, Cynthia, and five others are facing trial over the allegedly anomalous purchase of food supplies worth P287,725 in 2010.

The Office of the Ombudsman charged the Moreno couple with violation of the Anti-Graft and Corrupt Practices Act, which prohibits officials from having a financial or pecuniary interest in a government transaction involving their office.

Cynthia was also charged separately for violation of the Code of Conduct and Ethical Standard for Public Officials and Employees for her alleged failure to divest herself of her interest in AVG Bakeshop, which was a sole proprietorship registered in her name.

The Morenos were also charged with one count each of violating Section 3 (e) of the anti-graft law for causing undue injury to the government and giving unwarranted benefits to Cynthia’s bakery.

BAC chairpersons Pepito Maguilimotan and Nonela Villegas, and members Marilyn Flordeliza, Gerturdes Ababon and Evangeline Manigos were also named co-accused in two charges of violating Section 3 (e) of the anti-graft law.

The case stemmed from the complaint filed by the Office of the Ombudsman-Visayas Field Investigation Office, which cited the complaint-affidavit of former Aloguinsan councilor Danilo Margallo who accused 10 town hall officials of 28 irregular purchases of food supplies from AVG Bakeshop totaling to P282, 725.

Cynthia was the mayor when the municipality paid P78,375 to her own bakery. A P204,350 was released as second payment for the food supplies from the same bakery when her husband Augustus got elected to replace her.

The Moreno couple admitted owning the AVG Bakeshop but claimed that they later sold it to a certain Lyn Tojeno in 2007.

The bids and awards committee members also argued that they complied with all the required procurement laws.

Caesar filed a motion to quash the case information and to dismiss the case before the Sandiganbayan on the ground of a violation of his constitutional right to speedy disposition of cases.

He argued that his right to speedy trial was violated when it took the Office of the Ombudsman five years to conduct the fact-finding investigation and preliminary investigation in these cases.

However, the prosecution said that the cases against the accused were resolved within a reasonable time.

It argued that the purported delay in these cases cannot be attributed solely to the Ombudsman since the filing of several motions for extension of time to file counter-affidavits contributed to the delay.

“While there may have been a delay in the disposition of these cases before the Office of the Ombudsman, the Court does not find such delay as vexatious, arbitrary, capricious or oppressive warranting the dismissal of the present cases,” the Sandiganbayan said. /