Antique governor hurdles graft charges
The governor claimed this is critical to her constitutional right to be informed of the nature and cause of the accusation against her
Daily TribuneThe governor claimed this is critical to her constitutional right to be informed of the nature and cause of the accusation against her
Antique Governor Rhodora Cadiao has hurdled a graft charge which stemmed from the purported withholding of one of her provincial officers' salary due to the Sandiganbayan's lack of jurisdiction to handle the case.
According to the anti-graft court, the criminal case against Cadiao fell beyond their jurisdiction, and the Regional Trial Court has "exclusive original jurisdiction" over the criminal case.
Filed by the Ombudsman in October 2022, the graft case against the incumbent governor was filed after her alleged illegal reassignment to Antonio de la Vega, the provincial general services office chief, in 2016 and her refusal to pay his salaries and benefits.
Total unpaid salary and benefits for the 19 months from July 2016 to February 2018 were P1.665 million.
De la Vega accused Cadiao of refusing to sanction the payment of his salaries, representation, and travel allowances, notwithstanding that he was reinstated to his post after the transfer.
Cadiao, in her present motion — which challenged anew the Sandiganbayan's ruling that found her guilty of one count of graft — argued that it is not the Sandiganbayan that has jurisdiction to try this criminal case but the Regional Trial Court.
She added the case against her does not allege any damage to the government and claimed that this is critical to her constitutional right to be informed of the nature and cause of the accusation against her.
The Sandiganbayan, however, concurred with Cadiao and ruled that "it is enough that the information does not allege any damage to the government; hence, this court is immediately stripped of its jurisdiction as it is now the Regional Trial Court, which should try the criminal case."
"The fact that the complaint does not allege any damage to the government is enough in itself to strip this court of its jurisdiction to try the criminal case," it added.
The Sandiganbayan also ordered the release of the P90,000 bail that Cadiao posted for her temporary liberty, and the preventive suspension imposed against her was also lifted.
