The High Court’s first division also gave Ombudsman Aniano Desierto 10 days within which to respond to the petition for a preliminary injunction and temporary restraining order filed by Lapid’s former provincial administrator Enrico Quiambao, one of the co-accused in the graft case.
Provincial administrator Benalfre Galang said Quiambao questioned the validity of Desierto‘s decision to remand the graft case to the Sandi—ganbayan during the Estrada administration despite the recommendation of three special prosecutors to dismiss it.
The graft case was initially filed in 1998 after Lapid authorized the purchase of the 40-hectare property purportedly for low-cost housing for provincial employees.
The land deal’s broker later submitted to the Bureau of Internal Revenue (BIR) a deed of sale showing that the land cost only P5 million, in an apparent attempt to pay a lower capital gains tax.
The broker, however, later submitted the genuine deed of sale and paid the appropriate tax to the BIR. He cleared Lapid and other provincial officials of being involved in the spurious deed of sale.