Ex-BFP chief cleared of falsification charges for not disclosing 12-M assets

The Sandiganbayan Fifth Division has cleared former Bureau of Fire Protection (BFP) Chief Francisco Senot of 11 falsification charges, which he was earlier slapped with for failing to properly disclose his assets from 2001 to 2004.

Senot was accused of violating 11 counts of Article 171, paragraph 4 of the Revised Penal Code, also known as falsification, for not disclosing his 12.005 million worth of assets.

He was accused of feloniously making untruthful statements in a narration of facts in his statement of assets, liabilities and net worth (SALN) when he failed to declare a motor vehicle bearing the plate number UNZ-991 worth 1550,000 and a lot at Camella Homes III in Tunasan, Muntinlupa City worth 1800,000.

The said assets were purchased by Senot’s wife, who also bought in 2004 a lot worth 125,000 in Kapayapaan Village Phase I-A in Canlubang, Calamba City, Laguna. Another thing he failed to mention in his 2003 to 2004 SALNs was the 1630,000 son, Derick.

He filed a motion to quash, arguing that his right to speedy disposition of cases was violated by the Office of the Ombudsman during the course of its investigation. He also said that the facts charged do not really constitute an offense.

Senot said the Ombudsman took 13 years just to investigate and charge him. Given the simplicity of the charges, the former fire official said that the length of time it took the Ombudsman to investigate him was “unjustified.”

The prosecution did not dispute the length of time they took to investigate, and because of this, the court ruled that the Office of the Ombudsman “inexplicably and unjustifiably took 13 years” to wrap up Senot’s case.

As for prejudice that Senot suffered, since 15 years have already passed since the offense was committed, the court recognized the “serious impairment” brought to the accused’s ability vehicle purchased by his to mount an effective defense.

“While it is true that inordinate delay is not a ground for a motion to quash under the Rules of Court, the relief prayed for by accused-movant is for dismissal of these cases based on a violation of his constitutional right to a speedy disposition of his case. Thus, the issue here involves also the absence of jurisdiction because of said violation,” the resolution read.

Last June, the Sandiganbayan Third Division already sentenced Senot to a minimum prison sentence of 60 years and five months and a maximum prison sentence of 90 years and five days, as well as pay a 125,000 fine.

This was after he was found guilty of five counts of estafa through falsification of public documents and five graft charges involving the anomalous repair of vehicles owned by the country’s firefighting division.

Senot was fire chief from 2000 to 2004. He was succeeded by Rogelio Francisco Asignado. (Czarina Nicole Ong)