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Sandiganbayan denies ex-NAPOCOR chief motion for reconsideration

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by Allan Yves Briones

In a brief three-page resolution, the Sandiganbayan 2nd Division denied former National Power Corporation (NAPOCOR) president Rogelio Murga’s motion for reconsideration for lack of merit.

“The Supreme Court has repeatedly held in a long line of cases that a Motion for Reconsideration should be denied when the same only rehashes issues previously put forward,” the resolution read.

According to the anti-graft court, “no new argument was presented”, only those already adjudicated.

Murga filed the motion for reconsideration on July 23, 2019, in response to a previous court resolution denying his move to dismiss pending criminal cases.

The former NAPOCOR chief was charged with violations of Section 3 (e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, and malversation under Article 177 of the Revised Penal Code.

The charges were in relation to the allegedly anomalous release of P124.4 million in NAPOCOR funds to a Kaw Swee Tuan/S.T. Kay & Company in 2003.

In his motion, Murga reiterates his early arguments calling out the prosecution’s arguments as “hearsay”, and that they failed to prove “undue injury” on the part of the government.

The resolution was written by Associate Justice Michael Frederick Musngi, concurred by Division Chairperson Oscar Herrera, Jr. and Associate Justice Lorifel Pahimna.

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