MANILA – The Sandiganbayan has granted the plea by a former vice governor seeking a reinvestigation by the Ombudsman of the graft cases filed against him.
The anti-graft court’s sixth division, in a resolution dated January 26, has partially granted the motion filed by former Misamis Oriental vice governor Jose Mari G. Pelaez seeking a reinvestigation, after the latter said he had only belatedly discovered that there had been graft charges against him when he sought a clearance from the graft court for employment in another government office.
In his motion, Pelaez said he had not received a subpoena from the Office of the Deputy Ombudsman for Mindanao for the three supposed pending cases against him for violation of RA 3019 (Anti-Graft and Corrupt Practices Act) based on sworn statements made by a certain Lowell Zarate and Ricky Pagaran.
The court said the Ombudsman’s order on September 13,2022 directing Pelaez to answer the charges was sent to the Office of the Vice Governor of Misamis Oriental, but the same was returned because, at the time, the accused was no longer the vice-governor.
The subsequent resolution was sent to his last known address in Mahayahay, Medina, in Misamis Oriental but again, there was no one to receive the mail.
“Due process is satisfied when the parties are afforded fair and reasonable opportunity to explain their side of the controversy or any opportunity to move for a reconsideration of the action or ruling complained of. The accused was not able to participate in the preliminary investigation and file his motion for reconsideration on the Office of the Ombudsman’s resolution because he did not actually receive notices from the Office of the Ombudsman. To afford him due process, he must be allowed to participate in the preliminary investigation to give him the opportunity to explain his side,” the court said.
The court however said it is not lifting the hold departure order on Pelaez while the case remains pending. (PNA)
