THE businessman accused by Court of Appeals Associate Justice Jose Sabio Jr. of trying to bribe him with P10 million in exchange for inhibiting from the Meralco ownership case yesterday asked the Department of Justice to suspend its preliminary investigations and refer the bribery case to Makati Prosecutor’s Office.

In 13-page omnibus motion, Marlon Alexandre Cruz, lawyer of businessman Francis Roa de Borja, asked that Justice Undersecretary Ernesto Pineda, panel chairman, and Justice Undersecretary Fidel Exconde be disqualified from conducting the preliminary investigation as they are not qualified.

Cruz said the only public officers authorized to conduct preliminary investigations are Provincial or City Prosecutors and their assistants; judges of Municipal Trial Courts and Municipal Circuit Trial Courts, national and regional state prosecutors, and other officers that may be authorized by law.

De Borja said since the alleged bribery happened in Makati City, the jurisdiction should be with the Makati City Prosecutor’s Office.

The alleged bribe offer was made July 1 when De Borja waited on Sabio to finish his ethics classes at the Ateneo Law School in Makati City.

During previous hearings, Sabio formally affirmed his affidavit before the Supreme Court that De Borja attempted to corrupt him by offering P10 million if he would inhibit from the Meralco case.

Sabio also alleged that De Borja was an emissary of Meralco.

The DOJ panel ordered Sabio’s camp to file its comment on De Borja’s omnibus motion.

Sabio’s lawyer Vicente Chuidian branded the motion of De Borja as dilatory tactics.