BY PETER TABINGO
THE Sandiganbayan First Division has junked a
motion filed by Philcomsat Holdings Corp. (PHC) director Philip
Brodett and PHC assistant vice president and accountant Johnny
Tan to dissolve contempt charges against them in connection with
the "P2 million PR fund" supposedly intended for the court.
In its resolution, the court said it "finds
no legal and/or factual basis to recall, reconsider, or quash
the resolution."
The court declared it is merely exercising
its inherent power when it demanded that defendants explain,
under pain of contempt, the item in PHC’s expense report which
reads, "9/23/05 2853 Cash – for Sandiganbayan, TRO,
POTC-Philcomsat case 2,000,000."
Also named respondents were PHC president
Manuel Nieto, lawyers Luis Lokin and Sikini Labastilla, external
auditor Virgilio Santos and Enrique Locsin, government appointee
to the boards of Philippine Communication Satellite Corp. (Philcomsat)
and Philippine Overseas Telecommunications Corp. (POTC).
The court said the expense report that was
submitted to the Senate tended to cast aspersions on the
integrity of the Sandiganbayan First Division particularly as
the P2 million was described as "PR fund."
The Senate committees on government
corporations and public enterprises chaired by Sen. Richard
Gordon and committee on public services chaired by Sen. Joker
Arroyo are probing the alleged dissipation of assets of
Philcomsat and the ransacking of coffers of its sister company
PHC and parent firm POTC.
Locsin, Brodett and Tan have explained that
the P2 million was a regular company expense but was given a
malicious twist by the media.
The court also denied the defendants’ request
that the members of the First Division inhibit themselves.
The court said that the petition to inhibit
former Presiding Justice Teresita Leonardo de Castro has been
mooted as she was named to the Supreme Court last Dec. 1. De
Castro replaced Cancio Garcia who retired in October. The two
associate justices are Diosdado Peralta and Efren dela Cruz.
The court also said that since it was the
division that initiated the proceedings, it should also be the
one to resolve the case.
The next hearing has been set for Feb. 20.
