Sandigan rejects bid to drop graft case vs Calapan mayor

MANILA, Philippines - Despite an attempt by government prosecutors to withdraw the case, the Sandiganbayan has decided to pursue graft charges filed two years ago against the mayor of Calapan City in Oriental Mindoro.

The anti-graft court’s Fourth Division chaired by Associate Justice Gregory Ong has scheduled the arraignment of Calapan City Mayor Paulino Salvador Leachon on May 6.

The Sandiganbayan said it rejected the attempt to withdraw the case since there is probable cause to proceed with the indictment of Leachon for allegedly causing undue injury to the government.

Leachon, Calapan City engineer Benjamin Acedera, barangay captain Ernesto Vinas and private respondent Juan Vinas were charged for allowing the use of five dump trucks owned by the city government, including their drivers, to deliver and unload sand on the property of Juan Vinas “without the corresponding payment of rentals, to the damage and prejudice of the city government.” 

Leachon has posted P30,000 bail for his temporary liberty. His co-accused remain at large.

In a ruling last April 4, the Sandiganbayan found the evidence presented by complainant Nilo Baculo enough to indict Leachon and his co-accused despite the attempt by prosecutors Almira Abella-Orfanel and Sesinio Belen Jr. to withdraw the complaint.

The prosecutors had argued that partiality could not be proven in the case “by the mere fact that sand spoil was delivered to the residence of J. Vinas without any clear proof that what was delivered… did not come from the dredging project.”

They added that there is an existing memorandum of agreement between Juan Vinas and the city government “that the former’s property will be used as the spoil bank area.”

“Thus delivery to the property of J. Vinas using government dump trucks is justified,” lawyers of the Office of the Ombudsman told the Sandiganbayan.

However, the anti-graft court described the arguments of the government lawyers as “not well taken” and “not warranted,” saying it has jurisdiction over the case and that the evidence needed to support the finding of probable cause “is not that difficult to attain.” 

According to the Sandiganbayan, “the sworn statement of Baculo and the pictures he submitted to support his claim… are already enough to support the finding of probable cause against the accused.”

Court records show that Leachon filed a motion for reconsideration asking for a reversal of the anti-graft court’s decision junking the prosecution’s motion to withdraw the graft case against him.

In an earlier statement, Leachon said there is a politically motivated effort to build a case against him because of the elections.