The Sandiganbayan has rejected the motions of former Cebu City Mayor Mike Rama and three other accused to dismiss graft charges related to ₱44 million in waste disposal contracts in 2021.
In its resolution, the anti-graft court instructed the prosecution to amend the criminal charges to include “the ultimate facts constituting the elements of the crime charged.”
Rama, along with Bids and Awards Committee members Lyndon Bernardo Basan, Janeses Ponce, and Dominic Dino, faces charges under Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, filed in October 2025.
The prosecution alleged that the accused gave undue advantage to Jomara Konstruckt Corporation, awarding ₱4,997,900 for the Solid Waste Collection and Disposal Services of 1,886 tons of waste; ACM Hauling Services, ₱4,963,860; and ARN Central Waste Management Inc., ₱35 million.
In their motions, the accused argued that the criminal charges failed to specify the exact offenses, noting that the informations only referred to non-compliance with Annex “H” of the 2016 Revised Implementing Rules and Regulations of RA No. 9184, the Government Procurement Reform Act.
While the court acknowledged that “the confusion raised by the accused is well-taken,” it emphasized that the charges should be corrected, not dismissed.
“The prosecution should not resort to the shotgun approach in crafting the Informations to be filed in the Court. Be that as it may, the Court cannot automatically quash the Informations as Section 4, Rule 117 of the Rules of Court instructions: ‘If the motion to quash is based on alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made,’” the resolution stated.
It added: “The purpose of an Information is to afford the accused their right to be informed of the nature and cause of the accusation against them. It is in pursuit of this purpose that the Rules of Court require that the Information allege the ultimate facts constituting the elements of the crime charged.”
The nine-page resolution was penned by Associate Justice Lorifel Lacap Pahimna, with the concurrence of Associate Justices Georgina Hidalgo and Hans Chester Nocom.