Ched Rick Gatchalian

Article (news)

Sandiganbayan withdraws information against ex-Cantilan mayor Pichay due to lack of jurisdiction

Kaxandra Salonga

ABS-CBN News

MANILA — The Sandiganbayan on Wednesday granted the prosecution’s Motion to Withdraw Information filed against former Cantilan, Surigao del Sur Mayor Philip Arreza Pichay and Municipal Treasurer Corazon R. Grumo, ruling that the case falls under the jurisdiction of the Regional Trial Court (RTC).The anti-graft court’s Sixth Division, chaired by Associate Justice Sarah Fernandez, agreed with the prosecution that the Sandiganbayan lacked jurisdiction over the case.The Information accused Pichay and Grumo of causing undue injury to private complainant Aris Anthony Alarilla by unlawfully revoking the business permit of his company, Triple A Construction Supply (TACS), resulting in a loss of around P1 million.The Resolution promulgated on November 26 pointed out that the damage was allegedly sustained by a private individual, not the government.&quot;As seen above, the Information alleges damage. However, the same was allegedly sustained by private complainant Aris Anthony B. Alarilla, not the government,&quot; the resolution read.The Court cited R.A. No. 10660, which states that the Regional Trial Court has exclusive original jurisdiction when the Information: - Does not allege any damage to the government or any bribery. - Alleges damage to the government or bribery in an amount not exceeding one million pesos.&quot;Clearly, the present case falls within the Regional Trial Court’s exclusive original jurisdiction because no damage to the government or bribery in an amount exceeding P1 million is alleged in the Information,&quot; the decision read.<div> </div><div>PICHAY’S MOTION TO QUASH</div>However, Pichay opposed the mere withdrawal of the Information, moving instead for the case to be dismissed with prejudice.Pichay stated he suffered prejudice and shouldered costs preparing for a case the prosecution later acknowledged was filed in the wrong forum.“The prosecution is presumed to have been aware of the jurisdictional infirmity in the case, yet it still filed and actively pursued the Information before the Court, to the prejudice of the accused who had been compelled to incur expenses, prepare for multiple hearings, and endure uncertainty over a case which the prosecution now admits was filed in the wrong forum,” Pichay argued in his comment with motion.The Sandiganbayan, however, merely “noted” Pichay&#x27;s Motion to Quash. The court explained that since it had no jurisdiction over the subject matter, any act performed would be &quot;null and void,&quot; and the only power of such court is to dismiss the action.Accused Grumo, for her part, did not interpose any objection to the prosecution&#x27;s motion.The Information was withdrawn without prejudice to its refiling in the proper court. This means the accused cannot use this withdrawal to claim that the case has been resolved in their favor.The Sandiganbayan also lifted the hold departure orders against Pichay and Grumo, and their bonds were set to be released.

The Sandiganbayan on Wednesday granted the prosecution’s Motion to Withdraw Information filed against former Cantilan, Surigao del Sur Mayor Philip Arreza Pichay and Municipal Treasurer Corazon R. Grumo, ruling that the case falls under the jurisdiction of the Regional Trial Court (RTC).

The Sandiganbayan on Wednesday granted the prosecution’s Motion to Withdraw Information filed against former Cantilan, Surigao del Sur Mayor Philip Arreza Pichay and Municipal Treasurer Corazon R. Grumo, ruling that the case falls under the jurisdiction of the Regional Trial Court (RTC).