Sandigan to proceed with ex-LTFRB exec’s graft trial

MANILA, Philippines — The Sandiganbayan has ruled to continue with the trial of former Land Transportation Franchising and Regulatory Board (LTFRB) executive director Samuel Aloysius Jardin despite the prosecutors’ motion to withdraw the graft case.

In a 10-page resolution promulgated on Nov. 21, the court’s Sixth Division maintained that it has jurisdiction over Jardin’s case as the supposed bribe money involved in the alleged transaction exceeded P1 million.

“It being clear that the Sandiganbayan has jurisdiction, the prosecution’s motion to withdraw information has no basis,” it added.

Jardin was charged with violating Section 3 (c) of Republic Act 3019, the Anti-Graft and Corrupt Practices Act, a provision that prohibits public officials from “directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit” from any person in exchange for securing any government permit or license.

Filed by the Office of the Ombudsman early this year, the case stemmed from Jardin’s alleged act of demanding and receiving P4.6 million from Michelle Sapangila in exchange for helping her secure a certificate of public convenience or route measured capacity, which is a pre-requisite for the operation of a public utility vehicle.

In June, the Sixth Division dismissed a case of violation of Section 7 (d) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees against Jardin for being similar in nature with his graft case.

Section 7(d) of RA 6713 prohibits public officials from “soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.”

In its latest motion, the ombudsman’s prosecution team asked the court to be allowed to withdraw the graft case against Jardin on the ground that the charge sheet “does not allege any damage to the government or any bribery, and thus, the Sandiganbayan does not have jurisdiction over the case.”

The Sixth Division, however, said that under RA 0660, which delineates the Sandiganbayan's functions, regional trial courts shall have exclusive jurisdiction on cases that do not allege “any damage to the government or any bribery” or if the amount of the alleged damage or bribery arising from the same or closely related transactions or acts does not exceed P1 million.

The Sixth Division noted that while the graft case against Jardin does not allege damage to the government, it still alleges the demand and receipt of bribe money amounting P4.6 million, thus the case still falls within the jurisdiction of the Sandiganbayan.

The Sixth Division had earlier denied Jardin’s motion to quash his case.