Sandiganbayan upholds graft case involving ex-LTFRB director Jardin

The Sandiganbayan has upheld jurisdiction over the graft case of ex-Land Transportation Franchising and Regulatory Board executive director Samuel Jardin involving P4.6 million of "bribe" in exchange for franchise issuance in 2019.

In a 10-page resolution handed down on Wednesday, the anti-graft court's Sixth Division junked the Ombudsman's bid to withdraw the graft case it had brought against Jardin on the grounds that the lawsuit does not allege "any damage to the government or any bribery."

Jardin was charged with violating the Anti-Graft and Corrupt Practices Act (RA 3019) and the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) for "requesting" and "receiving" P4.6 million from Michelle Sapangila in exchange for securing the latter an issuance of a Certificate of Public Convenience by the LTFRB of for the operation of public utility or transport vehicles.

The Ombudsman filed the raps before the Sandiganbayan earlier this year.

Sapangila claimed in a 2019 sworn statement that a certain "Madam Lolit" allegedly demanded payment for the issuance of a route measured capacity in the amount of P300,000 and P4.5 million, which would be split between Jardin (P3 million) and ex-LTFRB chair Martin Delgra III (P1.5 million).

In June, the Sandiganbayan ruled to dismiss the charge of RA 6713 against Jardin without prejudice.

In its latest ruling, the Sandiganbayan asserted that it has jurisdiction to proceed with the graft case against Jardin as the amount involved exceeds P1 million.

RA 10660 streamlined the Sandiganbayan's jurisdiction to the most significant cases, such as those involving alleged damage to the government or bribery arising from the same or closely related transactions or acts in an amount that exceeds P1 million.

"Without doubt, the information alleges the request and receipt of a bribe in an amount exceeding P1 million. Thus, the Sandiganbayan has jurisdiction over the present case," it said.

"It being clear that the Sandiganbayan has jurisdiction, the prosecution's motion to withdraw information has no basis."

The Sandiganbayan noted that while the graft complaint against Jardin "does not allege damage to the government," it does charge the solicitation and acquisition of P4.6 million in bribes, making the case within the Sandiganbayan's purview.