Sandigan denies Chiong's motion to dismiss case

The Sandiganbayan denied the motion of former Naga City mayor Valdemar Chiong to dismiss the anti-graft case filed against him over issuance of a mayor's permit to a private firm that allegedly did not comply with the requirements under the Fire Code of the Philippines.

Associate Justice Sarah Jane Fernandez of the Sandiganbayan denied the motion to dismiss for lack of merit, citing the affidavit of desistance executed by Darwin Sarraga, the private complainant, is not a ground to dismiss Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

"It bears stressing that the prosecution, which has the burden of establishing the guilt of the accused beyond reasonable doubt, and not the accused, is in a better position to determine if it can proceed. This court finds no reason to warrant the dismissal of the present case," read the resolution.

In his motion, Chiong said the prosecution may not be able to prove his guilt beyond reasonable doubt because complainant Sarraga, the assistant vice-president of the Corporate Administrative Services Department of Pryce Gases Inc., executed an affidavit of desistance.

Allegedly, Sarraga acknowledged the existence of Fire Safety Inspection Certificate issued to Petronas Energy Philippines, Inc. on November 4, 2013, valid for one year which was the basis for the issuance of a mayor's permit on April 7, 2014.

Sarraga alleged he is no longer interested in pursuing the case.

The affidavit of desistance was received by Chiong on March 23, 2018.

But the Office of the Ombudsman is firm that the affidavit of desistance will not stop it from proving the case.

"Sarraga's affidavit of desistance will not hinder it from proving the material allegations in the Information," read the opposition.

Also, People versus Salazar, a Supreme Court jurisprudence states that an affidavit of desistance or pardon is not a ground for the dismissal of an action, one it has been instituted in court, the anti-graft office added.

Sarraga filed a case against Chiong in 2004 before the Office of the Ombudsman-Visayas.

He alleged that Chiong gave unwarranted benefits and advantage to Petronas Energy Philippines, Inc. by issuing mayor's permit despite its non-compliance of some requirements.

Pryce Gas Inc. reportedly received a letter from a concerned citizen, a resident of Barangay Langtad, Naga City, asking about the safety implications and risks of the two big Liquefied Petroleum Gas (LPG) Tanks owned by the Petronas.

After making investigation and inquiries of the two LPG storage tanks of the Petronas, it was discovered, according to Sarraga, that the former failed to comply with the distance required under the Implementing Rules and Regulations of the Fire Code of the Philippines. —

Mylen P. Manto/MBG