Abad seeks exclusion from pork barrel scam charges in Sandiganbayan

Department of Budget and Management (DBM) Secretary Florencio Abad asked the Sandiganbayan Third Division to exclude him from graft charges in connection with the pork barrel scam as sought in a motion filed by Antonio Y. Ortiz.

Ortiz, former director general of the Technology Resource Center (TRC), is a co-accused in two out of 15 graft cases against Sen. Juan Ponce Enrile. Lawyer Bonifacio Alentajan, the counsel of Ortiz, had filed the motion to implead that sought that Abad be placed as principal accused in the two cases where Ortiz is charged.

The lawyers of Secretary Abad opposed the Ortiz motion, saying, “The decision on who to prosecute is an executive, not a judicial, prerogative.” They asked that the motion to implead Abad as principal accused be denied for lack of merit.

“A policy of non-interference stands insofar as the

Ombudsman’s exercise of investigatory and prosecutorial powers is concerned. Such independence in the Ombudsman who, beholden to no one, acts as the champion of the people and preserver of the integrity of the public office,” the counsel said.

“It is thus beyond the domain of this Honorable Court to order the Panel of Prosecutors to conduct a preliminary investigation against a person not charged in an information, especially with a pre-determined result, that is, to indict that person in court, as what is being prayed for by accused Ortiz,” they added.

Apart from this, the lawyers said, “on the face of the motion, there are no legal and factual bases to conduct a preliminary investigation against Secretary Abad. The motion merely contains bare allegations and conclusions.”

Since Ortiz remains at large and is believed in the United States, the lawyers of Abad said Ortiz “continues to disregard and evade the processes of this Honorable Court” and “therefore, has no legal standing to file the subject motion.”