MANILA — The Sandiganbayan has affirmed the 90-day preventive suspension order against former Philippine Sports Commission (PSC) chairman William Ramirez, who is facing graft charges.
This after the anti-graft court dismissed Ramirez’s motion for reconsideration (MR) for lack of merit and for being “beyond the reglementary period.”
“Wherefore, the Motion for Reconsideration (Re: Preventive Suspension) dated March 22, 2018 filed by accused William I. Ramirez on March 26, 2018 is denied for being filed beyond the reglementary period and for lack of merit,” the anti-graft court’s Sixth Division said in a four-page resolution dated May 21, 2018.
“The resolution of the Court promulgated on February 20, 2018 is affirmed,” it added.
After Ramirez filed his MR on the preventive suspension on March 26, 2018, the prosecution filed its the comment/opposition on April 2, 2018.
In his MR, Ramirez argued that his preventive suspension has no factual basis as the Office of the Ombudsman took three years, three months and 10 days before filing the graft case before the Sandiganbayan.
“Even if there is factual basis, his preventive suspension for ninety days is too long and unreasonable,” his motion read.
Ramirez also argued that “Section 13 of R.A. No. 3019 is silent as to the minimum period of preventive suspension,”
He added that “the reason for his preventive suspension (that there is a possibility of hampering the prosecution of the case and committing further
acts of malfeasance) is based on speculation.”
For its part, the prosecution insisted that “the motion for reconsideration is a mere scrap of paper as it was filed beyond the reglementary period.” It added that “preventive suspension is mandatory under Section 13 of R.A. No. 3019.”
The prosecution also argued that “the Court has already ruled on the issue of lack of factual basis for preventive suspension in its Resolutions dated September 4, 2017 and November 17, 2017.”
It added that “the accused is deemed to have waived any objection he may have on the validity of the information when he entered his plea.”
The Sandigangayan resolution, dated Feb. 20, 2018 preventively suspending the accused for 90 days, was received by the accused, through counsel, on Mar. 9, 2018.
“Under Section III(2)(c) of the Revised Guidelines for Continuous Trial of Criminal Cases, which took effect on September 1, 2017, a motion for reconsideration of a meritorious motion shall be filed within a non-extendible period of five (5) calendar days from receipt of the resolution.
When the motion for reconsideration was filed, the Revised Guidelines for Continuous Trial of Criminal Cases were already in effect. The accused then had five (5) days from receipt of the resolution on March 9, 2018, or until March 14, 2018, within which to file a Motion for Reconsideration,” the anti-graft court said.
“The accused failed to do so and filed his motion for reconsideration twelve (12) days late and beyond the reglementary period provided under the Revised Guidelines for Continuous Trial of Criminal Cases. On this basis alone, the Court denies the motion for reconsideration,” it added.
“Accordingly, the Court rules that the motion for reconsideration was filed beyond the reglementary period, and that the preventive suspension of the accused for ninety (90) days is mandatory,” the Sandiganbayan said.
Ramirez was charged with violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act. Also charged was Ma. Flordeliza Angel, president of Excelguard Security and Research Services, Inc.
Based on the information of the case, state prosecutors accused Ramirez of conspiring with Angel in December 2008 when they gave “unwarranted benefit” to Excelguard by entering into an Addendum to the Contract of Service with the company.
The addendum was for the hiring of 95 security guards in addition to the 108 security guards originally stated in the Contract of Service dated Dec. 31, 2008 between the two parties. The contract, however, was allegedly made without authority from the PSC board and without public bidding.(Perfecto Raymundo, Jr./PNA)
