MANILA - The Sandiganbayan 5th Division has denied the motion to quash filed by former Philippine Postal Corporation postmaster general Josefina dela Cruz involving her alleged irregular appointment of an official done twice, in 2013 and 2011.
In a resolution dated Oct. 2, the anti-graft court junked the argument of Dela Cruz that she was not properly informed of her cases as the facts charged do not constitute an offense.
The former Philpost chief who had also served as Bulacan governor is facing two cases of graft and two cases of violation of Article 244 of the Revised Penal Code or Unlawful Appointment for the appointment of Esther Cabigao as Director III in September 2011 and Department Manager III in November 2013.
“Upon a cursory reading of the respective informations, accused-movant is readily apprised of the acts and/or omissions imputed to her,” the court said in the resolution penned by Division Chairperson Rafael Lagos, with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac.
The court stressed that, among others, it was mentioned in the cases that the Civil Service Commission had invalidated the appointment of Cabigao for lack of qualification.
The court also noted that the Supreme Court stated in People vs. Andrade that a motion to quash shall be denied if the defect in the information can be cured by an amendment from the prosecution which can be ordered by the court.
“The prosecution is given ten days from receipt of this resolution to file amended informations, taking into consideration the accused’s motion to quash,” the court said.