A businessman accused of trying to bribe a Court of Appeals justice with P10 million denied the charges against him before the Department of Justice (DOJ) yesterday.
In his counter-affidavit, Francis de Borja said since there was no eyewitness, the allegations against him have boiled down to a case of the complainant’s word against his word.
“I categorically deny any and all allegations of putative wrongdoing on my part, as alleged in the self-serving, fabricated and downright perjured affidavit of complainant Justice Jose Sabio, Jr.,” dated Aug. 7, he said.
“It would be well to carefully examine the particular allegations made against me by complainant Justice Sabio, with the end in view of determining whether or not the same may stand in the test of reason, and even of sheer common sense.”
De Borja reserved the right to question the witness during the preliminary investigation after his request to dissolve a special panel formed to probe the alleged bribery attempt was denied.
The charges of attempted bribery against him do not exist in the Revised Penal Code, he added.
De Borja said charges of direct and indirect bribery could be filed against him, but that they would be dismissed because he is a private individual.
“From the foregoing provisions of the pertinent laws, as well as from decided case laws, it is clear that the crimes of either direct bribery or indirect bribery may only be committed by a public officer, and certainly, not by a mere private individual like myself,” he said.
The DOJ panel of investigators comprised of Undersecretary Ernesto Pineda, Undersecretary Fidel Exconde and Chief State Prosecutor Jovencito Zuño scheduled the next hearing on Jan. 8 next year.
Sabio accused De Borja of trying to bribe him with P10 million in exchange for his inhibition from the board election case between the Manila Electric Co. and the Government Service Insurance System. – Mike Frialde