MANILA, Philippines -- The Department of Justice (DOJ) has vowed to pursue the attempted bribery case against a businessman despite the critical condition of the case complainant, Appellate Justice Jose Sabio Jr., who suffered from a stroke last month.

State prosecutor Juan Pedro Navera said other witnesses could help prove that Francis de Borja asked him to inhibit from the case on the dispute between the Manila Electric Company and the Government Service Insurance System.

"For now, there's no change in our tack regarding the prosecution of accused De Borja. Unless there's a change in justice Sabio's status, I don't think the DOJ should change anything. We will continue as planned," he told the Philippine Daily Inquirer.

De Borja was charged with violation of Presidential Decree 46, the law against bribery, at the Makati Metropolitan Trial Court after he allegedly offered Sabio P10 million to allow Justice Bienvenido Reyes to preside over the Court of Appeal's ninth division, which was handling the Meralco-GSIS corporate dispute case, in 2008.

The CA's ninth division decided the row between Meralco and the GSIS involving the election of Meralco board members. The GSIS at the time was trying to wrest control of Meralco from the group headed by the Lopez family.

The appellate justice claimed he rebuffed the offer but De Borja claimed Sabio had demanded P50 million for a ruling favorable to Meralco.

The case against the businessman, however, may be derailed as Sabio fights for his life after collapsing in his home on Nov. 21. His lawyer, Vicente Chuidian, confirmed that the Ateneo Law School professor is in a coma at the University of Santo Tomas hospital.

"The evidence we presented during the preliminary investigation will stand. Though the justice cannot testify in court, the testimonies we've submitted are admissible in court," said Chuidian.

He said they would not withdraw the charges against De Borja in spite of Sabio's grave condition.

"Bakit naman niya iaatras yung kaso eh kaya nga napahamak si justice dahil sa ginawa ni De Borja? (Why would the justice withdraw the case when De Borja?s acts put him in trouble?) It's just the correct thing to do," added the lawyer.

The DOJ said the case of attempted bribery on a justice should be pursued as a deterrent to those who would try to undermine the the justice system.

"Those offering bribes should not be allowed to get away with it, so it's very premature for the De Borja camp to rejoice. We could still prove how the attempted bribery came about," stressed Navera.