MAYOR John Henry Osmeña of Toledo City, Cebu posted bail before the Sandiganbayan denied his motion to quash the charge sheet and arrest warrant issued against him.
His lawyer, Inocencio dela Cerna, confirmed that the mayor posted bail for six counts of alleged violations of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Bail was set at P30,000 for each count.
The case stemmed from the mayor’s refusal to release quarterly real property tax (RPT) shares to Barangay Daanglungsod, Toledo City in 2014.
“There is neither whimsical, capricious nor arbitrary delay in the proceedings before the Office of the Ombudsman as there has been a consistent ongoing investigation against the respondent until sufficient evidence had been gathered,” read the resolution of the Sandiganbayan’s Third Division, which denied Osmeña’s motion to dismiss all six counts. It cited lack of merit.
Osmeña was sued for his “consistent and undue refusal” to release the quarterly real property tax shares of Barangay Daanglungsod. The administrative aspect of the same case led to the mayor’s suspension for a year.
Records from the Ombudsman showed the barangay was supposed to receive a total of P17.7 million as their RPT share for the third quarter of 2014.
Replying to the charges, Osmeña said he did not release the RPT because of the ongoing case, Barangay Sangi versus the City of Toledo, pending before the Court of Appeals.
He said he was merely protecting government funds and properties. Osmeña said he thought of protecting the city’s public funds when he was informed about the pending case over ownership of the real properties involved in the boundary dispute between Sangi and Daanglungsod.
The Court of Appeals earlier granted Osmeña’s petition for review and reversed the ombudsman’s decision, which had earlier indicted him for six counts of violation of the Anti-Graft and Corrupt Practices Act.
Osmeña’s counsel filed a motion to quash the criminal case information and to dismiss the case. The defense argued the facts in the charge sheet do not constitute an offense.
But the Sandiganbayan ruled that the charge sheet needs only to state the “ultimate facts.”
It held that Osmeña’s claims should be threshed out in a trial. The Sandiganbayan found no inordinate delay in the cases against the mayor. GMD