Case Digest (G.R. No. 140065) Core Legal Reasoning Model
Facts:
The case involves Romulo L. Neri, former Director General of the National Economic and Development Authority (NEDA) during the administration of then President Gloria Macapagal-Arroyo. Neri was charged by the Office of the Ombudsman (OMB) with violation of Section 3(h) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), in relation to Section 13, Article VII of the 1987 Constitution, concerning the alleged irregularities in the Philippine-ZTE National Broadband Network (NBN) Project. The criminal information (docketed as SB-10-CRM-0099) accused him of having a financial or pecuniary interest in the contract between the government and Zhing Xing Telecommunications Equipment, Inc. (ZTE), despite the constitutional prohibition against such conflicts of interest. The information specifically cited his meetings and social activities with ZTE officials and other involved parties such as Benjamin Abalos and Jose De Venecia III.
Two simultaneous criminal cases were filed:
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Case Digest (G.R. No. 140065) Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Petitioner Romulo L. Neri served as Director General of the National Economic and Development Authority (NEDA) under former President Gloria Macapagal-Arroyo.
- The case involves allegations connected to the botched Philippine-ZTE National Broadband Network (NBN) Project.
- The Office of the Ombudsman filed two criminal informations on May 28, 2010 before the Sandiganbayan:
- SB-10-CRM-0098 against Benjamin Abalos for violation of Section 3(h), RA 3019, raffled to the Fourth Division.
- SB-10-CRM-0099 against Romulo L. Neri for violation of Section 3(h), RA 3019, in relation to Sec. 13, Article VII of the 1987 Constitution, raffled to the Fifth Division.
- Additional cases filed against former President Arroyo and others were also pending before the Sandiganbayan.
- Accusation Against Neri
- Allegations include financial or pecuniary interest in the government transaction between the Philippine government and ZTE for the NBN project.
- Specific acts alleged were: meeting, dining, and playing golf with ZTE officials; meeting with COMELEC Chairman Benjamin Abalos; and sending his emissary to meet Abalos and Jose De Venecia III.
- The Information cites violation of the constitutional prohibition against financial interest of public officials in government contracts.
- Trial Proceedings
- Six prosecution witnesses testified against Neri.
- The prosecution obtained continuances on two occasions citing difficulties locating further witnesses.
- A pre-trial conference in the Abalos case resulted in a pre-trial order listing numerous prosecution witnesses, including Neri himself who testified against Abalos on October 27, 2010.
- Motion for Consolidation of Cases
- On January 3, 2012, the Office of the Special Prosecutor moved for consolidation of SB-10-CRM-0099 (Neri) with SB-10-CRM-0098 (Abalos) and other related cases, citing efficiency and cost-saving in presenting witnesses.
- Neri opposed consolidation, arguing:
- The cases involve different issues and facts.
- Consolidation would prejudice his rights and is oppressive.
- He does not belong to the Abalos group negotiating with ZTE.
- He had already testified in the Abalos case; trials were in advanced stages.
- The motion was a ploy to delay his trial.
- The Fifth Division of the Sandiganbayan granted the motion and ordered consolidation subject to conformity by the Fourth Division which handles the Abalos case.
- Fourth Division's Refusal and Impact
- On October 19, 2012, the Fourth Division refused to accept the consolidation, citing concerns of impartiality since they had already formed opinions on Neri's credibility from his testimony in the Abalos case.
- The refusal effectively invalidated the consolidation ordered by the Fifth Division.
- Petitioner brought the matter before the Supreme Court seeking nullification of the consolidation resolution.
Issues:
- Whether the Sandiganbayan correctly ordered the consolidation of SB-10-CRM-0099 (Neri) with SB-10-CRM-0098 (Abalos), given:
- The Revised Rules of Criminal Procedure do not permit consolidation of criminal cases but only consolidation of trials or joint trials.
- The consolidation would result in trying petitioner for a crime not charged in his information, violating the constitutional right to be informed of the accusation.
- Consolidation would prejudice the petitioner since he does not belong to the same group as Abalos and the allegations differ.
- The consolidation would delay the proceedings, violating the constitutional right to a speedy trial.
- The consolidation is a ploy to delay justice, given the prosecution’s failure to produce further witnesses in petitioner’s case.
- The consolidation is incongruous because Neri was a principal witness against Abalos in the other case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)