Sandigan denies Clavel’s motion

CEBU, Philippines - The Sandiganbayan Second Division has denied the motion filed by former congresswoman Clavel Asas-Martinez and six others asking for the deferment of the issuance of an arrest warrant against them.

In their motion, they asked the Sandiganbayan to defer first the issuance of the warrant pending resolution of their motion for reconsideration filed before the Office of the Ombudsman.

Other named respondents were Clavel’s son, former Bogo City Mayor Celestino “Tining” Martinez III; her daughter, former Girl Scouts of the Philippines (GSP) treasurer Ma. Cielo Martinez; municipal treasurer Rhett Minguez; municipal accountant Cresencio Verdida; bookkeeper Rhodariza Kilantang and GSP Cebu Council cashier Julieta Quino.

The Office of the Ombudsman indicted respondents for a violation of Section 3(e) of Republic Act 3019 or the Anti-graft and Corrupt Practices Act and malversation of public funds over for the alleged misuse of  Clavel’s Priority Development Assistance Fund or pork barrel.

However, in their opposition, assistant special prosecutor Bienvenida Gruta cited the motion filed by the respondents was weak.

“…flimsy, non-existent and no leg to stand on,” the opposition stated.

Gruta added that the ground cited by the respondents cannot hold the issuance of the warrant.

In his six-page resolution, Associate Justice Oscar Herrera Jr. ruled to deny the motion to defer the issuance of warrant and the omnibus motion for judicial determination of probable cause and to quash Information dated April 26, 2013.

Herrera said the filing of Omnibus motion for judicial determination of probable cause was considered moot and academic because a warrant of arrest has already been issued against the respondents.

The respondents were charged after Clavel’s P10 million allocation to the GSP for anti-illegal drug campaign was allegedly deposited in Clavel’s personal bank account.

The anti-graft office said that although the amount was returned, the respondents are still liable.

The anti-graft office recommended P40,000 bail for anti-graft case while the anti-graft office recommended no bail for the malversation case.  — /MBG (FREEMAN)