Macapagal Blvd builder appeals Sandigan ruling, says court lacks jurisdiction
Jesusito D. Legaspi, a private contractor of the P1.1 billion President Diosdado Macapagal Boulevard, on Wednesday asked the Sandiganbayan First Division to reverse its February 5 ruling that upheld the graft charge filed against him by the Office of the Ombudsman. In his seven-page motion for reconsideration, Legaspi insisted that the case against him should have been dismissed for lack of jurisdiction because the Sandiganbayan could only try cases against public officials. Legaspi’s lawyers argued that the graft court committed “grave abuse of discretion" by declaring that the Supreme Court pronouncements in the case of Henry Go vs. Sandiganbayan has no “binding effect" at the moment owing to a pending appeal for a review by the court en banc. The Sandiganbayan said the ruling in the Henry Go case has not yet gained finality and therefore is not yet applicable to Legaspi. In the Henry Go case, the Supreme Court’s Special Third Division held that a private individual cannot be held criminally liable for violation of Section 3 (e) of RA 3019 or the Anti-Graft Law as only subsections (b), (c), (d) and (k) applies against private persons. “It logically follows that said provision exclusively applies to public officers, and never to private individuals like herein accused Legaspi. The same holds true even if individuals are charged with being in conspiracy with public officers," the defense asserted. Legaspi, president of JD Legaspi Construction, was accused along with former officials of the Public Estates Authority and government auditors in connection with alleged overpricing of the PDMB project by over P630 million. Other defendants in the case are Carlos P. Doble, Frisco F. San Juan, Carmelita de Leon-Chan, Daniel T. Dayan, Salvardo P. Malbarosa, Leo V. Padilla, Elpidio G. Damaso, Ernest Frederick O. Villareal, Benjamin V. Cariño, Joemari D. Gerochi, Angelito M. Villanueva, Martin S. Sanciego, Jr., Rodolfo T. Tuazon, Manuel R. Betiña, Jr., Theron Victor V. Lacson, Jaime R. Millan, Bernardo T. Viray, Raphael Pochollo A. Zorilla, Ernesto L. Enriquez, Cristina Amposta-Mortel, and Manuel E. de la Paz, Arturo S. Layug, Benilda E. Mendoza, Epifanio L. Pureza, Jose G. Capistrano, Ma. Cecilia de la Rama. - GMANews.TV