Sandiganbayan junks graft case vs Antique governor Cadiao for lack of jurisdiction

MANILA, Philippines – The anti-graft court Sandiganbayan has dismissed the graft case filed by the Office of the Ombudsman against Antique Governor Rhodora Cadiao, citing lack of jurisdiction.

Associate Justice Ma. Theresa Dolores Gomez-Estoesta penned the 16-page resolution which overruled the prosecution’s objections to Cadiao’s Omnibus Motion for Reconsideration. Associate Justice Zaldy Trespeses and Associate Justice Georgina Hidalgo concurred.

The governor’s motion had challenged the anti-graft court’s jurisdiction over the case, noting that the information only alleged undue injury on the part of the complainant, Antonio dela Vega.

The Sandiganbayan also lifted the 90-day preventive suspension order against Cadiao that it issued on September 21, and released the P90,000-bail bond she had posted before the Municipal Trial Court of Kidapawan City, Cotabato.

“A reading of the Information would further show that it is only to private complainant Antonio A. Dela Vega that the damage was alleged to have been caused to. In no particular instance, neither directly nor inferred, can it be said that there was an allegation of damage to the government,” the court pointed out.

According to Dela Vega, the governor failed to approve the P1.665 million payment for his salaries, representation, and travel allowances. He said this happened even though his return to his original position was approved after the Civil Service Commission canceled his transfer to a remote satellite office.

“The fact that the Information does not allege any damage to the government is enough in itself to strip this court of its jurisdiction to try the criminal case. In sum, therefore, it is the Regional Trial Court which has exclusive original jurisdiction to try the criminal case,” the court said. – Rappler.com