Klarong klaro! Sandiganbayan rejects Andaya’s motion for specifics of Malampaya scam raps
The Sandiganbayan 3rd Division has junked the motion of House Majority Floor Leader Rolando Andaya Jr. who sought for a bill of particulars in connection with charges concerning his involvement in the Malampaya fund scam.
The anti-graft court disagreed with claims of the former budget secretary that the charges against him are ambiguous, vague and fails to provide the necessary details required by law.
“Contrary to accused-movant Andaya Jr’s allegation, an objective and careful reading of the 194 informations in these cases reveals that there is nothing ambiguous or confusing in the allegations therein against him,” the court ruled.
The court also turned the down the motion to quash of his co-accused, Masui City Mayor Nasser Pangandaman Jr. who claimed the Office of the Ombudsman caused inordinate delay and violated his constitutional right for the speedy disposition of his cases.
The Sandiganbayan stressed it did not find any inordinate delay committed by the Office of the Ombudsman.
“It has been opined that the nature and degree of the anxiety and unrest due to the delay in the disposition of a case against an accused must be oppressive, unnecessary, and notoriously disproportionate to the nature of the criminal charge for if to constitute a violation of the accused’s right to speedy trial,” it explained.
Andaya and his co-accused have been charged with 97 counts of graft and malversation through falsification of public documents over their involvement in the P900- million scam when he still Department of Budget and Management (DBM) secretary and Pangandaman was still secretary of the Department of Agrarian Reform (DAR).
Under the charges, those accused allegedly illegally diverted P900 million from the Malampaya fund allocated by the DBM to the DAR between 2009 to 2010.
They allegedly used non-government organizations (NGOs) under alleged pork barrel scam brains Janet Lim Napoles as conduits.
The funds were meant to be used for relief operations, rehabilitation, and reconstruction of areas affected by typhoons Ondoy and Pepeng.