CEBU, Philippines - The Supreme Court denied the petition for certiorari filed by the president of a company accused of overpricing the street lighting projects used in the Association of Southeast Asian Nations Summit in 2007.
Isabelo Braza, president of the FABMIK Construction and Equipment Supply Company Inc., went to the SC seeking for the reversal of the Sandiganbayan decision denying his motion for reconsideration.
Braza filed a motion before the Sandiganbayan seeking to quash the amended information in its October 22, 2010 resolution of the case.
After Braza asked for reinvestigation into the case, the Office of the Ombudsman-Visayas issued a supplemental resolution on May 4, 2009 upholding its decision finding of probable cause against him.
Braza filed a petition asking for the dismissal of the case. He said the first information had been rendered ineffective by the issuance of the supplemental resolution.
In asking for the dismissal of the case, Braza claimed that his right to a speedy disposition of the case had been violated, citing double jeopardy.
Sandiganbayan admitted the amended information but denied Braza's motion seeking for the dismissal of the criminal case filed against him.
"Braza would not be placed in double jeopardy should he be arraigned anew under the second information because his previous arraignment was conditional," the Sandiganbayan said in its decision denying Baraza's motion.
Braza then filed a motion for reconsideration on November 6, 2009 but was denied by the anti-graft court, prompting him to raise the issue before the SC.
He told the SC that the Sandiganbayan committed grave abuse of discretion in denying his motion.
But in his 17-page decision, Associate Justice Jose Catral Mendoza denied Braza's petition, saying the Sandiganbayan did not commit any grave abuse of discretion.
"All told, this court finds that the Sandiganbayan did not commit grave abuse of discretion amounting to lack or excess of jurisdiction, much less did it gravely err, in denying Braza's motion to quash the information/dismiss the criminal case," Mendoza's decision stated.
Mendoza said it was proper to resolve the issue in a full-blown trial. (FREEMAN)