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The Sandiganbayan has denied anew for "lack of merit" Iloilo City councilor Plaridel Nava II's bid to quash graft raps filed against him in connection with the contract he and erstwhile mayor, Jed Mabilog, entered into with 3L Towing Services in 2015.
In a 15-page resolution, the Sandiganbayan Third Division found Nava's motion to quash the information against him "unmeritorious" on the ground that they do not constitute an offense.
The same motion was also turned down by the anti-graft court last June.
Back in April, the Ombudsman charged Nava and Mabilog before the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act, and set P90,000 as bail for allegedly "having direct financial and pecuniary interests" in creating 3L Towing Services.
The company was subsequently awarded the contract for the city government's towing and clamping service on 20 January 2015. Prosecutors, however, found that the contract did not undergo public bidding.
Under the MoA, the towing company would receive 70 percent of the fines collected, while the LGU would receive 30 percent.
The MoA permitted 3L to clamp or tow illegally parked vehicles in the city without following the procedures required by Republic Act 6957.
Investigation revealed that Mabilog provided P500,000 as start-up funding for the creation of the towing service and issued business and mayor's permits even without the application of businesswoman Leny Garcia, which the prosecution found the two appointed as the firm's alleged dummy owner.
The prosecution said that Nava's role involves researching possible suppliers of wheel clamps from China and preparing the documents for 3L Towing Services' registration with the Department of Trade and Industry and Bureau of Internal Revenue.
In his petition, Nava asserted that he was neither a signatory to the MoA nor was he empowered to issue any business permits or licenses since his duty was centered on legislating laws as a member of the local legislative body.
He also brushed off allegations that he used his influence, power, and authority over Mabilog to get him to sign the MoA.
Moreover, Nava deemed "bare" and "unsubstantiated," anchored on "conjectures" the allegations that he had direct financial and pecuniary interests in 3L Towing Services.
The Sandiganbayan, however, did not buy Nava's defense, contending that his claims only implied that he "hypothetically admitted" the veracity of the allegations.
"Thus, he cannot seek the remedy of the quashing of the information against him on the ground that the allegations therein do not constitute an offense," the court ruled.