Sandiganbayan Rejects Prosecution Bid to Call DPWH Cashiers as Witnesses in Mindoro Dike Case
The Sandiganbayan anti-graft court has firmly denied a request from prosecutors to allow two cashiers from the Department of Public Works and Highways (DPWH) MIMAROPA region to testify in a bail hearing. This hearing is part of a malversation case involving a defective road dike project in Oriental Mindoro, which also implicates former DPWH-MIMAROPA Regional Director Gerald Pacanan and businessman Zaldy Co.
Prosecution's Request and Defense Objection
Prosecutors sought to present cashiers Carla Grace Dajonong and Pilar Gacutan as witnesses. Their testimony was intended to confirm that the construction firm Sunwest Inc. received payments through the Land Bank of the Philippines' electronic disbursement management system from the regional office. This evidence aimed to support the malversation charges related to the flawed infrastructure project.
However, the defense, represented by Atty. Claudette Manalastas, strongly objected to this move. The defense argued that the cashiers were not listed in the prosecution's pre-trial brief. Allowing them to testify would violate the accused's right to know the witnesses against them, a fundamental legal protection.
Court's Ruling and Prosecution's Motion
The Sixth Division of the Sandiganbayan upheld the defense's objection. In its decision, the court emphasized that the prosecution failed to include all witnesses in the pre-trial brief, and no valid reason was provided to justify this omission. Associate Justice Kevin Vivero stated that the prosecution cannot be granted leniency without a solid and legitimate basis for such oversight.
Following the ruling, prosecutors filed a motion for reconsideration. They insisted that the cashiers' testimonies are crucial because they have direct access to the electronic disbursement system, as previously indicated by another witness, DPWH-MIMAROPA finance division chief Cecilia Vicquerra. Despite this appeal, the court maintained its position, rejecting the prosecution's plea.
Additional Legal Proceedings
In a related development, the prosecution requested the court to include the judicial affidavits and supplemental documents from the two DPWH-MIMAROPA cashiers in the official case records. The court has noted this request, ensuring these documents are part of the proceedings, even though the cashiers will not testify directly.
This case highlights ongoing legal challenges in addressing corruption and malversation in public infrastructure projects in the Philippines, with the Sandiganbayan playing a key role in upholding procedural fairness.
