SC upholds Ombudsman decision to indict 3 cops for P409-m graft

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SC upholds Ombudsman decision to indict 3 cops for P409-m graft
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THE Supreme Court has dismissed a petition filed by three police officials seeking the reversal of resolutions issued by the

Office of the Ombudsman which found probable cause to file graft and malversation through falsification of public documents charges against them.

In particular, the Ombudsman accused Duque, a member of the PNP-Logistics Support Service, of signing the bidding documents forthe procurement of tires, repowering, refurbishing and repair of the V-150 LAVs, making it appear a public bidding was conducted although there was none, thereby recommending the award of contracts which are grossly disadvantageous to the PNP.

The SC resolved to affirm the Ombudsman’s resolution issued on December 27, 2012, joint resolution issued January 18, 2013 and another resolution issued July 8, 2013. The SC gave weight to the claim of the Office of the Solicitor-General that Duque was afforded due process because he was given the chance to be heard in a motion for reconsideration when he filed an Omnibus Motion for Reconsideration and Motion for Reinvestigation dated February 4, 2013.

However, the SC stressed that the findings of forgery during preliminary investigation should be ventilated in a full-blown trial, because the duty to determine the authenticity of a signature rests on the judge who is mandated to conduct an independent examination of the signature in order to arrive at a reasonable conclusion as to its authenticity.

Espina, on the other hand, claimed that his right to due process was violated since one of the acts imputed against him is his supposed signature in the pre/post inspection reports relating to work orders

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