Nelson Morales

Sandiganbayan rejects ex-DOE execs' bid to dismiss graft case over Malampaya fund scam

Malampaya Shallow Water Platform.  Handout photo

Article (news)

Kaxandra Salonga

ABS-CBN News

MANILA -- The Sandiganbayan Third Division rejected the bid of former Department of Energy (DOE) executives to dismiss their graft case over the Malampaya Fund Scam.The case involved the <a href="https://www.abs-cbn.com/news/12/07/17/ex-arroyo-men-face-graft-malversation-raps-over-p900-m-malampaya-fund-scam" rel="noopener noreferrer" target="_blank">alleged misuse of billions of pesos in royalties </a>from the Malampaya gas field, which were instead diverted to ghost NGOs linked to businesswoman Janet Lim-Napoles, who was also involved in the pork barrel scam.In a resolution promulgated on March 11, the anti-graft court chaired by Associate Justice Karl Miranda denied the Motion for Reconsideration filed by former Energy Undersecretary Donato Dionisio Marcos and other ex-DOE officials, citing their failure to meet the mandatory filing deadline.Under the Revised Guidelines for Continuous Trial of Criminal Cases, the accused had a non-extendible period of five calendar days from the Nov. 7, 2025 oral ruling to file their appeal, but the motion was not submitted until November 24.&quot;Consequently, Marcos et al.&#x27;s motion is filed out of time and must be dismissed outright for this reason,&quot; the court ruled.The court affirmed its earlier ruling which allows the prosecution to amend the charge sheet to include an allegation of over P1 million in &quot;prejudice, undue injury, or damage&quot; to the government.According to Republic Act No. 10660, the anti-graft court exercises exclusive original jurisdiction over graft cases where the information alleges damage to the government or a bribery amount exceeding P1 million.By admitting the amendment, the court confirmed that the case falls within its authority rather than being relegated to a lower court.Despite the late filing, the court addressed the merits of the case to &quot;obviate any question&quot; on its propriety. It rejected the defense&#x27;s claim that the prosecution cannot &quot;vest jurisdiction&quot; by adding new allegations to an information.The court clarified that it is the law that grants it jurisdiction over cases involving damages exceeding P1 million, and that the prosecution’s amendment merely “aids” the court in confirming the case belongs there.&quot;To characterize amendments as &#x27;jurisdiction-vesting&#x27; is therefore erroneous, as it implies that the allegations in the Information can grant jurisdiction,&quot; the resolution stated.The court further noted that since the accused have not yet been arraigned, no constitutional rights were violated.<div>DISSENTING OPINION </div>However, Associate Justice Ronald Moreno argued that since the original information lacked the P1 million damage allegation, the Sandiganbayan never had jurisdiction to begin with.&quot;The failure of the original Information to allege jurisdiction over the subject matter is not a mere defect curable by an amendment,&quot; Moreno wrote in his dissenting opinion.The majority, led by Associate Justice Karl Miranda, maintained that the accused were already aware of the P1 million injury claim during the preliminary investigation phase.&quot;They cannot, therefore, claim they were blindsided by the additional allegation of damage or injury to the government in the Amended Information,&quot; the resolution read.The Office of the Ombudsman began its investigation on DOE officials in 2022 after a Senate energy committee report alleged the agency expedited the $545-million sale of a 45-percent stake in Malampaya to a subsidiary of a company owned by businessman Dennis Uy, despite the buyer failing the financial capability test and not submitting audited financial statements.

The Sandiganbayan Third Division rejected the bid of former Department of Energy (DOE) executives to dismiss their graft case over the Malampaya fund scam.

The Sandiganbayan Third Division rejected the bid of former Department of Energy (DOE) executives to dismiss their graft case over the Malampaya fund scam.