JUDY Syjuco. FILE PHOTO
Former Iloilo Rep. Judy Syjuco has asked the Sandiganbayan to suspend its proceedings on her malversation through falsification and graft cases over the alleged ghost purchase of 1,582 units of Nokia 1100 cellphones.
Syjuco filed the motion to suspend proceedings following the Sandiganbayan Third Division鈥檚 finding of probable cause to try her for the criminal charges.
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The wife of former Technical Education and Skills Development Authority chief Augusto Syjuco, the former lawmaker said her cases should be suspended too after the Sandiganbayan in a March 1 resolution ordered the Ombudsman to conduct its preliminary investigation on her co-accused Jonathan Ng,聽owner of West Island Beverages Distributor (West Island) and alleged favored supplier of the ghost cellphones.
Syjuco said her trial should be suspended too especially because Ng鈥檚 alleged participation in the alleged crime is vital in the charges against her.
While Syjuco was accused of causing undue injury to government in procuring the ghost cellphones without public bidding, and of malversing public funds, Ng was accused of receiving P5,964,859.09 as payment despite the ghost deliveries of the said cellphones.
Syjuco said should the Ombudsman find no probable cause against Ng, his 鈥渁bsolution鈥� fatally undermines the Informations鈥� against her, too.
鈥淐onsequently, the outcome of the preliminary investigation concerning accused Ng can affect the charges against accused Syjuco. If the Office of the Ombudsman determines that there is no probable cause to hold Ng liable鈥� then the informations against Syjuco can no longer stand,鈥� Syjuco said through her lawyers.
Syjuco said it is only a 鈥渕atter of logic鈥� that the court proceedings be suspended pending the Ombudsman鈥檚 preliminary investigation on Ng.
In a Feb. 27 resolution, the anti-graft court Third Division said it found probable cause to try聽Syjuco聽and the following officials 鈥� Department of Transportation and Communications (DOTC) Bids and Awards Committee (BAC) Chairman Domingo Reyes, Jr., BAC Vice-Chairman Elmer聽Soneja聽and BAC members Director Rebecca聽Cacatian, Director Ildefonso聽Patdu, Jr., Legal Officer Geronimo聽Quintos聽and聽Director聽Venancio聽Santidad,聽DOTC Inspector Marcelo Desiderio, Jr., DOTC Technical Inspector聽Danilo聽Dela聽Rosa, storekeeper Antonio Cruz, and Ng.
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鈥淭he Court finds substantial basis to support the finding of probable cause in these cases and the consequent issuance of warrants of arrest against the accused-movants and their co-accused and to hold them for trial,鈥� the court said.
The Sandiganbayan said the records in the case showed that the accused are probably guilty of the crime.
搁贰础顿:听Ex- Iloilo solon, DOTC execs face charges over ghost purchase of cell phones聽
Records showed that Syjuco聽in 2004 wrote to the late Transportation Secretary Leandro Mendoza to procure directly with West Island 1,582 units of Nokia 1100 phone kits at P3,950 per unit amounting to a total of P6,248,900.
But the Ombudsman found that there was no delivery of the said phone kits, the court noted.
鈥淏ased on the above-mentioned circumstances appearing in the record of these cases, the Court finds that the accused- movants are probably guilty of the crimes charged; hence, they must be arrested and brought to trial,鈥� the court said.
The court ordered the issuance of an arrest warrant except for聽Syjuco, who had posted bail.
The resolution was penned by Presiding Justice Amparo Cabotaje Tang and concurred by Associate Justices Sarah Jane Fernandez and Bernelito Fernandez.
Ombudsman Conchita Carpio-Morales in 2015 approved the filing of聽malversation and graft charges against the officials for the 2004 ghost deliveries of cellular phones.
The Ombudsman said the respondents released the funds to Ng even though West Island is a mere distributor of Smart Value Credits and therefore not an authorized supplier of cellular phones.
The officials also resorted to direct contracting even when there was no necessity for it, the Ombudsman said, noting that the procurement law requires public bidding as the rule and alternative modes may only be resorted in exceptional cases.
The Ombudsman also noted that Ng is president聽of Nation Bank, Inc. where respondent聽Syjuco鈥檚聽sons and Flame Property Holdings聽are stockholders. Respondent and her husband former Iloilo Rep.聽Syjuco聽are stockholders of Flame Property Holdings.
Ombudsman Morales said that 鈥渢he confluence of facts and evidence will show that respondents conspired with each other through seemingly separate but collaborative acts to defraud the government of聽P6,248,900.鈥�
The criminal charges against Transportation secretary Mendoza were dismissed by the Ombudsman due to his death.聽IDL
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