Cancer-stricken ex-DPWH exec’s bid for hospital detention junked

The Sandiganbayan has denied the motion of a former regional director of the Department of Public Works and Highways (DPWH), who is suffering from prostate cancer, to be placed on hospital detention.

In a minute-resolution promulgated on Jan. 30 and released yesterday, the anti-graft court’s seventh division said it was “constrained” to deny the motion of former DPWHBicol director Eleno Colinares Jr. after he was convicted of graft.

“While the court fully commiserates with the plight of the accused and acknowledges the urgency of the situation, he must, unfortunately, look elsewhere for relief,” the resolution read.

“Considering the finality of the... conviction, the court is without recourse but to order his commitment at the National Penitentiary,” it added.

In a motion filed on Jan. 29, Colinares sought provisional liberty to seek medical treatment or be confined in a medical facility that could provide for his medical needs.

Colinares said he is suffering from Stage 2 prostate cancer.

In his motion, Colinares said the anti-graft court still has “residual jurisdiction” over the case.

However, the court said residual jurisdiction no longer applies to Colinares after he lost the remedies available in the Rules of Court, including the right to appeal his conviction.

Last month, the Sandiganbayan junked Colinares’ motion to reverse his conviction.

Colinares was sentenced to a maximum of eight years in prison in connection with a contract amounting to P362,372.72, which he entered into with a private individual on Jan. 17, 2001 for the lease of a vehicle for one year.

The ombudsman said Colinares was the beneficial owner of the vehicle, noting that one of checks for the lease payment amounting to P134,836.36 was deposited to his account in June 2001.

The Sandiganbayan gave weight to a birth certificate presented by the prosecution showing that Elvin Bautista, who leased the vehicle, is his son with a certain Evelyn Bautista.