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[av_heading heading=’Fertilizer graft case: Sandiganbayan rejects Centena’s motion anew’ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’18’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY ADRIAN STEWART CO
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February 13, 2018
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MANILA – The Sandiganbayan has denied the motion for reconsideration filed by Mayor Alex Centena of Calinog, Iloilo on the graft charges filed against him over purchased liquid fertilizers in 2004.
The anti-graft court’s seventh division said Centena’s motion on its decision on his motion to quash the graft complaint was filed out of time.
The Sandiganbayan provides a 15-day period from notice of the order within which a respondent should file a motion for reconsideration, as stated in Section 1, Rule IX of the Revised Internal Rules of the special court.
“Counting 15 calendar days from Dec. 27, 2017 when counsel received the Dec. 18, 2017 Resolution, Centena, et al. had only until Jan. 11, 2018 within which to file any motion for reconsideration thereof,” the Sandiganbayan said.
“Hence, when they filed their motion for reconsideration on Jan. 15, 2018, the same was evidently filed out of time and must be dismissed,” it added. “Considering the infirmity of the motion, it is no longer necessary to discuss its contentions at length.”
The Ombudsman charged Centena and nine others with violation of Section 3(e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).
Centena took advantage of his position when he gave unwarranted benefits to Feshan Philippines, Inc. for the purchase of 666 bottles of Bio Nature Liquid Fertilizers worth P999,000 in 2004, the Ombudsman said.
Aside from the mayor, also charged were then municipal officials Valentin Sobretodo, Meriam Celeste, Crispino Castro, Jose Rex Casipe, Melanie Hilario, Rhoda Lyn Panizales, Jose Enriquez, and Anna Lerio Caspillo, and Feshan representative Jose Barredo Jr.
In the motion for reconsideration, Centena’s counsel alleged that his office was actually already closed for the holidays and even his staff was already on holiday leave.
Centena’s counsel further claimed that his staff forgot about this so the latter was present at their office and received a copy of Sandiganbayan’s resolution on Centena’s motion to quash on Dec. 27, 2017.
“The least that counsel could have done was to attach an affidavit executed by his staff to attest to the truth of his alleged justification. Counsel should not have treated his non-compliance with the rules in so cavalier a manner,” the Sandiganbayan said.
The Sandiganbayan rejected Centena’s motion to quash the graft case, where the mayor and his co-accused claimed their right to speedy disposition of cases was violation, since it lacked merit./PN
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