Former Commission on Elections Chairman Benjamin Abalos Sr. (File photo from the Philippine Daily Inquirer)
The Sandiganbayan has chewed out the camp of former Commission on Elections Chairman Benjamin Abalos Sr. for resorting to delaying tactics and repeatedly contesting his graft charge on the ground of inordinate delay in the investigation being conducted by the Office of the Ombudsman.
In a five-page resolution dated Oct. 25, the Sixth Division denied Abalos’s “motion to dismiss” the P1.71-million case involving the June 2003 purchase of two Toyota VX 200 cars allegedly without holding public bidding.
The court pointed out that Abalos already invoked the alleged violation of his right to the speedy disposition of his case in his motion to quash.
The motion to quash was denied in a Feb. 2 resolution. The court denied an appeal in a May 8 resolution and a prohibited second appeal in an Aug. 31 resolution.
The motion to dismiss was found to be a mere rehash of the arguments in the thrice-denied motion to quash.
“[It] appears to be nothing but a dilatory tactic or a misuse of Court processes, in contravention of the Code of Professional Responsibility, and which runs counter to the objective of the Rules of securing a just, speedy and inexpensive disposition of every action and proceeding,” the resolution read.
The court “sternly warned” Abalos that “continued misuse of judicial processes shall be dealt with more severely,” although it did not heed the prosecution’s call to cite him for contempt.
Associate Justice Sarah Jane T. Fernandez penned the resolution, with the concurrence of Associate Justices Karl B. Miranda and Bernelito R. Fernandez. /atm