Sandiganbayan denies Ang bids to consolidate, quash graft cases



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The Sandiganbayan Sixth Division on Monday denied motions filed by Uswag Ilonggo Partylist Rep. James “Jojo” Ang Jr. seeking to consolidate and quash graft cases against him.
In three separate resolutions, the anti-graft court found the motions lacked merit despite Ang’s camp arguing that the cases “involve common questions of fact and law” and could result in “different and conflicting” rulings.
Under the 2018 Revised Internal Rules of the Sandiganbayan, the consolidation of cases is left to the discretion of the divisions that have jurisdiction over them.
Consolidation is intended “to promote the speedy disposition of cases, and serve the convenience of the parties and interest of justice,” with cases generally consolidated before the division handling the case with the lowest docket number.
State prosecutors opposed Ang’s motions, arguing that his camp merely made general allegations that the cases involved “common questions of fact and law” without demonstrating that they were sufficiently related to warrant consolidation.
Prosecutors said that while the contracts involved were all awarded to Allencon Development Corporation, they were separate and distinct Department of Public Works and Highways projects located in different areas.
The court agreed, saying consolidation could instead delay proceedings because the division handling the consolidated cases would have to receive evidence concerning all the projects before moving forward with other matters.
“Although the said cases appear to be similar in nature, it is undeniable that each case involves a project separate and distinct from the others. Thus, it is improbable that there will be conflicting rulings on factual matters,” the justices said.
Sandiganbayan jurisdiction
In seeking to quash the charges, Ang’s camp argued that the Sandiganbayan lacked jurisdiction because the allegations did not specify any amount of damage to the government.
In denying the motion, the anti-graft court cited Republic Act No. 10660, which amended Section 4 of Presidential Decree No. 1606 defining the structure and jurisdiction of the Sandiganbayan.
Under the law, cases in which the alleged damage or bribe involving the government is “unquantifiable” fall under the exclusive original jurisdiction of the Sandiganbayan rather than the Regional Trial Court.
Given the nature of the charges and the information filed by prosecutors, the justices ruled that the cases could not be dismissed for lack of jurisdiction.
“Such non-mention of any amount of damage to the government, coupled with the accusation that the alleged prohibited act was done in violation of the Constitution and in contravention of public policy, would indicate that the resultant damage alleged in the information is unquantifiable,” the resolution read.
“The crime charged in the present case is, thus, one which the Congress intended to remain under the exclusive original jurisdiction of the Sandiganbayan,” it added.
The two cases pending before the Sandiganbayan Sixth Division are among 14 graft cases filed by the Office of the Ombudsman against Ang in connection with an alleged conflict of interest.
Ang has posted a total of P1.26 million in bail for all the charges.