The Sandiganbayan has rejected motions for reconsideration filed by accused individuals in one of the Pharmally contracts cases, citing a lack of new or substantial arguments.
In a six-page resolution promulgated on December 12, Associate Justice Maria Theresa Mendoza-Arcega wrote that the accused “failed to raise any new and substantial arguments, and no cogent reason exists to warrant a reconsideration of the Court’s resolution.”
“Furthermore, the Court finds that the motions raise arguments that have already been passed upon. Reconsideration on that ground may also be denied summarily,” the resolution added.
The court had previously allowed the withdrawal of charges by the prosecution to give the Office of the Ombudsman time to re-examine the cases for violations of Republic Act 3019 (Anti-Graft Law).
Ombudsman Jesus Crispin “Boying” Remulla directed the reevaluation, citing that some facts and evidence were “intentionally weakened” in cases filed by his predecessor Samuel Martires.
The motions for reconsideration were filed by former DBM-PS Officer-In-Charge Lloyd Christopher Lao, Pharmally director Linconn Ong, financial manager Lin Weixiong, former deputy Ombudsman Warren Rex Liong, and Pharmally corporate secretary Mohit Dargani.
The accused argued that allowing the withdrawal “compromised the efficient administration of justice and judicial stability and allowed itself to be unwitting tools of abuse and injustice for the advancement of political ends.”
The charges relate to Section 3(e) of RA 3019, which penalizes public officers for causing undue injury or giving unwarranted benefits to private parties through manifest partiality, evident bad faith, or gross negligence in official duties, especially regarding licenses, permits, or concessions.