Another Sandiganbayan division has rejected the motion of Uswag Ilonggo Rep. James “Jojo” Ang Jr. to dismiss one of his graft cases over his alleged links to a government contractor, saying it has jurisdiction over members of Congress.
Ang had questioned the anti-graft court’s jurisdiction over his case, saying it should have been filed before the regional trial court because the information did not allege any damage incurred by the government.
The prosecution alleged that Ang had an unlawful financial interest in Allencon Development Corporation, the contractor for the P21.19 million Iloilo-Antique Road project awarded in 2023.
Ang allegedly owns 500 shares of stocks in the construction firm, but members of Congress are barred from having financial interest in any government contract for the duration of their term.
Ang noted that the case did not involve any complaint about incomplete, substandard, or ghost work.
Since there was no government injury alleged, he said the RTC has jurisdiction over the case under Republic Act 10660, the law that redefined the Sandiganbayan’s jurisdiction.
But the prosecution said the Sandiganbayan has jurisdiction over the case.
In its ruling, the Sandiganbayan’s Seventh Division said that it has jurisdiction over legislators under the earlier law defining its jurisdiction, Republic Act 8249, and it was enhanced with amendments introduced under RA 10660.
“The exclusive original jurisdiction of Sandiganbayan in cases of violation of R.A. No. 3019 involving members of Congress has been set in stone. There have been no changes in the intention of the law to exclude the members of the Congress from the jurisdiction of Sandiganbayan,” it said in the resolution penned by Associate Justice and Division Chairperson Lorifel Lacap Pahiman.
It also rejected Ang’s bid to consolidate his 14 cases under one division, which he contended would prevent delay and the possibility of conflicting rulings from the different divisions.
It said the cases do not involve common questions of law and fact.
“On the contrary, it is apparent that only one detail is certainly common in all alleged akin cases, …the accused himself. For the court, these cases must be tried individually,” it said.
Earlier, the Sandiganbayan Sixth Division denied Ang’s motion to quash one of his graft cases, saying it has jurisdiction over the crime alleged.