Court junks motions to dismiss raps vs tax credit scam suspects

MANILA, Philippines - The Sandiganbayan, in a two-paragraph ruling, has junked 11 different motions which generally sought the dismissal of a plunder charge against former Finance Undersecretary Antonio Belicena and six other individuals in a multi-million-peso tax credit scam case.

In effect, the anti-graft court’s First Division chaired by Associate Justice Norberto Y. Geraldez upheld its decision to issue warrants of arrest against all the accused, including one for businessman Faustino T. Chingkoe who has been in China for the past three months now.

The Sandiganbayan denied all 11 pleadings anchored on varying arguments filed by the respondents through their lawyers for different reasons.

It will be recalled that on April 3, 2009, the court, through a minute resolution, found probable cause against all the accused, hence, warrants of arrest were issued against all of them. Considering this pronouncement, pleadings 1, 2, 3, and 4 are consequently denied for being moot,” the resolution stated.

The first four motions were filed by respondents Belicena, Faustino and Grace T. Chingkoe, and Asuncion M. Magdaet who wanted the court to order the Office of the Ombudsman to act on a motion for reconsideration of its decision to file a case, to defer the proceedings and the issuance of warrants of arrest, to defer arraignment, and consider proceedings for judicial determination of probable cause.

“Anent pleading 5, 6, 7, 8, and 9, suffice it to state that the court, after going over and scrutinizing once again the entire records of the preliminary investigation, is still convinced that probable cause existed against all the accused,” the Sandiganbayan, denying all of the mentioned motions, said.

Motions 5 to 9 were filed by Magdaet, Grace T. Chingkoe, and Uldarino P. Andutan Jr. who wanted the court to reconsider its decision finding probable cause against the accused and quash or recall the warrants issued against them, among others.

The Sandiganabayan further denied a 10th and 11th motion which asked the court to rule on their motions with consideration for other supplemental arguments raised by the defense for likewise being moot.

Government lawyers, following the ruling dated Aug. 3, 2009 which the Office of the Special Prosecutor (OSP) received yesterday, are now pushing for the immediate arrest of all the accused for the non-bailable offense of plunder.

Prosecution Bureau VI director Diosdado V. Calonge noted that despite the numerous motions filed by the respondents in the case, the arrest warrants issued by the Sandiganbayan were never recalled or suspended.

In effect, he said the order to arrest Belicena; Grace, Gloria, and Faustino Chingkoe; Andutan Jr.; Magdaet; Rowena P. Malonzo; and Aranas Bautista, stands and should be implemented.

“What we can do is coordinate with the police authorities. We can also ask alias warrants of arrest to be furnished the national Bureau of Investigation (NBI),” Calonge told The STAR.

As for the Chingkoes, he said the OSP will coordinate with the Interpol so that they can be arrested in China and brought back to the country where they will face trial.

The Chingkoes were able to secure a travel permit from the Fourth Division of the Sandiganabayan days before plunder charges were filed and arrest warrants issued against them.

And because they are now in violation of their travel conditions since the permit granted has already expired and been cancelled, deputy special prosecutor Jesus Micael said the OSP will take the necessary legal steps, in coordination with other government agencies, against the Chingkoes.