G.R. NO. 147272 - CONRADO B. NICART, JR., VS. HON. SANDIGANBAYAN, THIRD DIVISION, THE PEOPLE OF THE PHILIPPINES AND LUZ B. TY.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly filed with the Sandiganbayan against both petitioner and Ty, docketed as Criminal Case No. 24674. The accusatory portion of the information [6] reads as follows: That in or about the month of October 1996 and for sometime prior thereto, at the Municipality of San Policarpo, Province of Eastern Samar, Philippines, and within the jurisdiction of this Honorable Court, above named accused, public officers, being the Municipal Mayor and Municipal Treasurer of the [said] Municipality ... and as such, have in their possession and custody of public funds in the total amount of FOUR MILLION ONE HUNDRED SIX THOUSAND FOUR HUNDRED EIGHTY NINE AND 15/100 PESOS (P4,106,489.15), Philippine Currency, for which they are accountable by reason of the duties of their office, taking advantage of their official positions, conniving and confederating together ... with intent to defraud and of gain, did then and there willfully, unlawfully and feloniously appropriate, take, misappropriate, embezzle and convert to their own personal use and benefit said public funds in the amount of FOUR MILLION ONE HUNDRED SIX THOUSAND FOUR HUNDRED EIGHTY NINE AND 15/100 PESOS (P4,106,489.15) Philippine Currency, and despite demands made upon them to account for said public funds, they have failed to do so, to the damage and prejudice of the government, particularly the Municipality of San Policarpo, Eastern, Samar. The following events then transpired: 1. After posting the necessary bail bond, petitioner moved for a reinvestigation and the Sandiganbayan allowed him to file the necessary motion. 2. Petitioner moved for and obtained a reinvestigation, but the Office of the Special Prosecutor denied the motion in an Order of March 9, 1999. [7] 3. On June 30, 1999, petitioner interposed an Urgent Motion to Defer Proceedings with Motion for Leave to File Petition for Review with the [OMB], which motion, however, the Sandiganbayan denied in its first assailed Order of July 23, 1999 [8] on the ground that the motion partakes of "[a prohibited] second Motion for Reconsideration [and that] the matters raised therein appear to be evidenciary in character which should be ventilated during the trial." 4. On August 24, 1999, petitioner filed an Urgent Omnibus Motion, followed by his Reply to Comment [of the Special Prosecutor] on the Urgent Omnibus Motion. Pursuant to its assailed Resolution of January 30, 2001, [9] the Sandiganbayan denied the petitioner's Urgent Omnibus Motion and set a date for his arraignment. 5. A little over two weeks later , the Sandiganbayan, acting on the motion filed by the prosecution pursuant to Sec. 13 of R.A. 3019, issued another Resolution dated February 15, 2001, [10] suspending petitioner (at that time holding the Vice Mayoralty position) from office for ninety days from notice. Hence, this petition. In a Resolution of April 2, 2001, [11] the Court denied petitioner's motion for issuance of temporary restraining order to enjoin the respondent Sandiganba