Sandiganbayan consolidates graft, malversation raps vs. Zaldy Co
PERSONNEL from the Bureau of Jail Management and Penology (BJMP) escorted the eight DPWH officials linked to the Oriental Mindoro flood control anomaly during their arraignment before the Sandiganbayan Fifth Division in Quezon City, where they entered a plea of not guilty to graft charges.
Photo by Analy Labor for DAILY TRIBUNE
The Sandiganbayan has granted the prosecution’s motion to consolidate the malversation and graft cases against at-large former Ako Bicol Partylist Rep. Elizaldy “Zaldy” Co and several others allegedly linked to the P289.5-million road dike project in Oriental Mindoro.
According to the three-page resolution dated 27 November and released Wednesday, the prosecution sought consolidation on the ground that both cases involve the same set of facts, transactions, parties, and will substantially rely on the same witnesses and documentary evidence during trial.
The prosecution noted that “given the identity of parties, the factual background, the evidence presented, and the legal issue involved, separate trials for the two cases would be redundant, costly and time-consuming for the Court and the parties.”
The court emphasized that consolidation would serve the “highest interest of justice, promote judicial economy, expedite the resolution of the charges, prevent the repetition of evidence, and avoid the possibility of conflicting factual findings or rulings on the same set of facts.”
The Sandiganbayan earlier raffled the cases to two divisions: the graft case to the Fifth Division headed by Associate Justice Zaldy Trespeses, and the malversation case to the Sixth Division headed by Associate Justice Sarah Jane Fernandez.
The resolution pointed out that the cases were raffled only recently and trial has not yet begun, making consolidation the more efficient approach to hasten proceedings, ensure convenience for all parties, and avoid conflicting rulings.
“For these reasons, the prosecution’s motion to consolidate cases is hereby granted,” the court ruled.
Nine Department of Public Works and Highways officials already in government custody have pleaded not guilty to the malversation and graft charges.
Other individuals, however, remain at large, including DPWH Mimaropa materials engineer Timojen Sacar; Sunwest board member Consuelo Aldon; Noel Yap Cao; and Anthony Ngo.
Interior Secretary Jonvic Remulla earlier said that Co was last traced to Portugal. Sunwest president Aderma Alcazar and board director Cesar Buenaventura are also believed to be outside the country.