Revilla motion to quash basis for deferred arraignment — Sandiganbayan

MANILA, Philippines — Former Sen. Ramon “Bong” Revilla Jr.’s camp filed a motion to quash the malversation charge against him before the Sandiganbayan, arguing that the information is defective because he had no public custody or control of the funds allegedly misappropriated.

The motion to quash, filed by Revilla, was among those cited by the anti-graft court’s Third Division as the basis for deferring the former senator’s scheduled arraignment and pre-trial to February 9 in connection with his graft and malversation charges tied to the anomalous P92.8 million flood control project in Bulacan.

A motion to quash is filed before an accused enters his plea to challenge the validity of the Information containing the allegations against them. Once a motion to quash is granted, its effect is the dismissal of the criminal case.

READ: Sandigan defers arraignment of Bong Revilla, 6 others

Third Division chairperson Associate Justice Karl Miranda said the court would want to examine the defense arguments that the information fails to allege an express conspiracy and that the facts stated “do not constitute the offense charged.”

Citing Revilla’s counsel, Atty. Isaiah Asuncion III, Miranda said the former senator’s camp argued that he cannot be held liable for malversation because he is not an accountable officer and had no custody or control of public funds.

The court also noted the defense’s claim that the information does not clearly show how the accused’s acts indicate a “common criminal design,” nor does it explain how the inclusion of the project in the 2025 General Appropriations Act (GAA) is linked to the alleged misappropriation of funds and falsification of public documents.

The Office of the Ombudsman did not release a copy of the information filed by Revilla, but during a Senate Blue Ribbon Committee hearing, sworn testimonies from former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo and Bulacan First District Engineer Henry Alcantara revealed that Revilla was allegedly involved in the diversion of funds from DPWH flood control projects in Bulacan. 

Bernardo claimed that he provided Revilla with lists of projects in 2024 and 2025 and that a “commitment” of 25 percent kickback—amounting to roughly P125 million—was collected by DPWH engineer Henry Alcantara and delivered to the former senator’s house in Cavite. 

Bernardo said another P250 million was also directed to Revilla prior to the national election campaign period. He disclosed that these arrangements were part of a pattern of kickbacks he coordinated for other officials as well.

Alcantara corroborated Bernardo’s account, saying that the latter told him that a P300 million GAA insertion in 2024 was intended for Revilla. 

Alcantara also linked Revilla to project allocations during his 2025 senatorial campaign, but did not personally deliver any funds to him.

On the other hand, Revilla’s co-accused, Juanito Mendoza, argued in his own motion to quash that the acts attributed to him were part of his official duties and were not unlawful.

On January 19, Revilla’s camp filed an urgent omnibus motion seeking leave of court for reinvestigation, the deferment of the issuance of a warrant of arrest, and the quashal of the information related to his case.

READ: Sandigan to inspect detention facility of Bong Revilla, others

A day later, on January 20, the former senator also filed a very urgent motion asking the court to order his detention at the Philippine National Police custodial facility in Camp Crame, citing security risks.

In relation to the motion on Revilla’s warrant, Miranda said the court had personally determined the existence of probable cause, which was why it issued a warrant of arrest against the former senator and others.

Revilla and six others are facing charges of graft before the Sandiganbayan’s Fourth Division and malversation of public funds through falsification of public documents before the Third Division.

Apart from the former senator, the other accused in the case are DPWH–Bulacan 1st District Engineering Office engineers Brice Hernandez, Jaypee Mendoza, Emelita Capistrano Juat, and Arjay Domasig; accountant Juanito Mendoza; and cashier Christina Mae del Rosario Pineda.

Of the seven, only Juat proceeded with her arraignment in the graft case and entered a not guilty plea before the Fourth Division.

Meanwhile, the appeal of the former senator’s camp, seeking his transfer to Camp Crame due to security concerns, is still pending before the court.

The Sandiganbayan’s Third Division has yet to rule on the motion, but has already inspected detention facilities housing the seven individuals implicated in the alleged anomalous Bulacan flood control project. 

Pending the court’s decision, Revilla and four of his male co-accused will remain detained at the male dormitory of the New Quezon City Jail in Payatas, while his two female co-accused were ordered detained at Camp Karingal, which has a detention facility for women. /mr