Sandiganbayan junks graft vs DTI exec due to lack of jurisdiction
MANILA, Philippines — The Sandiganbayan has junked a graft case filed against Department of Trade and Industry (DTI) Assistant Secretary Domingo Razon Tolentino Jr. for lack of jurisdiction.
In a 17-page resolution penned by Associate Justice Gener Gito, the anti-graft court Fifth Division granted the motion to quash filed by Tolentino.
“The court rules to GRANT the motion to quash on the ground that this court has no jurisdiction,” the resolution, promulgated on Aug. 14, stated.
Tolentino’s case stemmed from allegedly falsifying a Certificate of Authority to Import (CAI) dated March 15, 2018, issued to Quality Precast & Concrete, Inc. (QCPI), according to the case information filed by the Office of the Ombudsman.
READ: Sandiganbayan OKs withdrawal of Ombudsman case vs DTI exec
The information also said the issuance of CAI came even as QCPI’s application was filed with and received by Tolentino’s office only on June 4, 2018, “thereby giving a false appearance of regularity and effectively validating the issuance of said CAI, to the damage and prejudice of the government.”
“By backdating the CAI to simulate proper processing, the accused gave the transaction a false appearance of legitimacy, to the damage and prejudice of the government,” the resolution stated.
Tolentino argued that “since the Information does not allege the amount of damage caused to the government, it lacks a material allegation that would vest jurisdiction in this court.”
“The court agrees with accused Tolentino,” the ruling said.
Section 4 of Presidential Decree 1606, as amended by Republic Act No. 10660, states that the Regional Trial Court shall have exclusive original jurisdiction if the case information “does not allege any damage to the government or any bribery.”
Last month, the Sandiganbayan Sixth Division also granted the Office of the Ombudsman’s motion to withdraw on Tolentino’s falsification of public documents case, as prosecutors admitted that “records are bereft of evidence demonstrating that respondent’s actions resulted in actual damage or injury to the government.” /das
