THE Sandiganbayan First Division issued a
resolution last Feb. 5 upholding the validity of a graft charge
filed against Jesusito D. Legaspi, a private contractor, in
connection with alleged overpricing in the construction of the
P1.1 billion President Diosdado Macapagal Boulevard in Pasay
City.
The graft court junked Legaspi's motion
seeking the dismissal of the case on a technicality.
Citing the Sept. 3, 2007 ruling issued by the
Special Third Division of the Supreme Court in the case of Henry
Go vs. Sandiganbayan, Legaspi claimed the anti-graft court
cannot try him, a private defendant, because its jurisdiction is
only limited to cases involving government officials.
In overruling his argument, the Sandiganbayan
noted that the said ruling was not issued by the Supreme Court
en banc and is now the subject of a pending legal challenge.
The case against Legaspi stemmed from the
disclosure of former Public Estates Authority board director
Sulficio Tagud that the PDMB was overpriced by over P630 million
because virtually all requests for price adjustment by Legaspi's
firm, JD Legaspi Construction, were approved by the board.
Other defendants in the case are Carlos P. Doble, Frisco F.
San Juan, Carmelita de Leon-Chan, Daniel T. Dayan, Salvardo P.
Malbarosa, Leo V. Padilla, Elpidio G. Damaso, Ernest Frederick
O. Villareal, Benjamin V. Cariño, Joemari D. Gerochi, Angelito
M. Villanueva, Martin S. Sanciego, Jr., Rodolfo T. Tuazon,
Manuel R. Betiña, Jr., Theron Victor V. Lacson, Jaime R. Millan,
Bernardo T. Viray, Raphael Pochollo A. Zorilla, Ernesto L.
Enriquez, Cristina Amposta-Mortel, and Manuel E. de la Paz,
Arturo S. Layug, Benilda E. Mendoza, Epifanio L. Pureza, Jose G.
Capistrano, Ma. Cecilia de la Rama. - Peter Tabingo
