Sandigan denies ex-solons’ MORs

The corruption charges filed against convicted former legislators Clavel Martinez of Cebu City and Paz Radaza of Lapu-Lapu City, and their five co-accused, will stay the course after the Sandiganbayan denied their motions for reconsideration, stating that the prosecution could prove their guilt beyond a reasonable doubt.

The anti-graft court's sixth division, in a 21-page resolution, denied the separate motions of the seven accused, ruling that they were guilty of conspiracy to defraud the Girl Scouts of the Philippines-Cebu Council and the government of P24.4 million sourced from Martinez's Priority Development Assistance Fund or pork barrel allocations in 2002 and 2003.

"In fine, the Court has painstakingly taken a second hard look at the issues raised by accused-movants. Nonetheless, no substantial and compelling reason warrants the modification, much less the reversal, of the Court's peremptory conclusion," said the Court's resolution, penned by Associate Justice Kevin Narce Vivero.

Aside from the two ex-lawmakers, also involved in the alleged misappropriation of the P24.4 million PDAF were Martinez's son, former Bogo City Mayor Celestino Martinez, former municipal treasurer Rhett Miguez, municipal accountant Cresencio Verdida, GSP-Cebu bookkeeper Rhodariza Kilantang, and cashier Julieta Quiño.

Clavel, Celestino, Miguez, Verdida, and Quiño were convicted of three graft charges and three counts of malversation of public funds.

Clavel's daughter, GSP-Cebu treasurer Maria Cielo Martinez, and Radaza, a former GSP-Cebu president, on the other hand, were pronounced guilty of graft and malversation on one count each.

They were sentenced to six years in prison for each count of graft, eight to ten years for malversation, and fines of P10 million, P7.1 million, and P7.3 million, respectively, for the first, second, and third charges.

Defendants in the second and third malversation cases were also ordered to reimburse the government P7.1 million and P7.3 million, respectively, for the pork barrel embezzlement.

The convicted raised the issue of excessive delay in their motions, emphasizing that it took more than three years for the Office of the Ombudsman to find probable cause after the complaint was filed.

The anti-graft court, however, claimed that their entitlement to a prompt resolution of cases had never been violated. It said: "There was nothing vexatious, capricious, and oppressive which would warrant the precipitate dismissal of the case."

They were accused in 2002 of conspiring to misappropriate P14.4 million from Clavel's PDAF intended for the GSP-Cebu antidrug campaign after it was discovered that the funds went to Clavel's bank account, who served as a representative of Cebu's fourth district from 1998 to 2007.