THIRD DIVISION - Sandiganbayansb.judiciary.gov.ph/RESOLUTIONS/2019/C_Crim_SB-15... · Santiago, Rodrigo R. Duterte, Mary Grace Natividad Poe-Llamanzares and/or any other person are

THIRD DIVISION

PEOPLE OF THE PHILIPPINES,Plaintiff,

SB-15-CRM-0293- versus- For: Violation of Section 3 (e) of R.A. No. 3019

SB-15-CRM-0294For: Violation of Section 3 (h) of R.A. No. 3019

SB-15-CRM-0295For: Violation of Section 65 Par. (1) inRelation to Section 47 of R.A. No. 9184

AL SANCHEZ VITANGCOLIII,ET AL.,

x------------ Accused.------------------------xPresent:

CABOTAJE-TANG, A. M. ,PJ,ChairpersonFERNANDEZ, B. R, J.FERNANDEZ, S.J. T.*, J and

Promulgated on:

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x-----------------------------------------------------------------------xRESOLUTION

FERNANDEZ,B.J.

For consideration is a Manifestation of Grave Concernwith Motion dated November 15, 2018 filed by accused AlSanchez Vitangcol Ill, through counsel, principally prayingthat the prosecution be admonished for violating the Order ofthis Court dated April 19, 2016.

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Accused Vitangcol manifested that the prosecution wasresorting to the bar ofpublic opinion to sway their way towardshis conviction.He cited two (2)news article, as follows - - (1)aCNN article dated November 12, 2018 (Annex "A") whichindicated - - in an opposition filed on November 5 stateprosecutors said they presented enough documentary andtestimonial evidence proving Vitangcol's guilt'; and, (2) anInquirer article (Annex "B") stating - - From these pieces ofevidence, he cannot downplay the role he played in the wholenegotiation process that was instrumental for therecommendation of PH Trams-CB&T joint venture, theprosecutors said.

He claims that the prosecution, in releasing thesedocuments to the media to gain mileage in their case againstthe accused, is now a matter of grave concern for him.

Accused Vitangcol insists that the prosecution violatedthe gag order issued by this Court in its Order dated April 19,2016, enjoining anyone from discussing the merits of thiscase and having it printed in the media.

For its part, the prosecution, in its Manifestation withMotion dated November 26, 2018, finds the subjectManifestation with Motion of accused Vitangcol to beappalling and should be treated as a mere scrap of paper. Itmaintains that the prosecution never issued or released acopy of its Consolidated Opposition or any other pleading toany member of the media as it has never been concerned withmedia mileage and stresses that it never disregarded theCourt's orders, including the gag order issued on April 19,2016. Claiming that the imputations of accused Vitangcol arefalse, baseless and malicious, the prosecution prays thataccused Vitangcol be directed to explain why he should notbe cited in contempt.

To revisit, the substantive portions of the cited Order ofthis Court dated April 19, 2016 (pp. 373-374, Vol. Ill) arequoted hereunder, as follows - -

x x x

Pending resolution before this Court is "VeryUrgent Motion For Issuance Of Gag Order" filed byaccused Al Sanchez Vitangcol III praying thatPresidential Candidate Manuel "Mar" Roxas II beprohibited from publicly "accusing accuse~

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Vitangcol" from criminal acts that are covered bythe Informations pending before this Court.

In order to protect the rights of the accusedand the integrity of this Court in the administrationof justice, Presidential Candidate Manuel "Mar"Roxas 11 and other presidential candidates,namely, Jejomar C. Binay, Miriam DefensorSantiago, Rodrigo R. Duterte, Mary GraceNatividad Poe-Llamanzares and / or any otherperson are hereby prohibited to speak, write,discuss, or propound questions that may seek toobtain an answer or information with respect to theaward of the interim maintenance contract forMRT3to the "Joint Venture ofPhilippine Trans RailManagement and Services Corporation and CommBuilders and Technology Philippine Corporation",which is now pending before this Court.

The presidential candidates or any personmay, however, speak, talk or discuss in public orsay something about the award of the contract tothe "Joint Venture of Philippine Trans RailManagement and Services Corporation and CommBuilders and Technology Philippine Corporation,"provided that such public discussion, statement,speech or comment is not televised, aired orpublicized either through the print or broadcastmedia or the digital media, such as, but notlimited, to the use of the internet. Any person-likewise is prohibited to publish either throughprint, broadcast or digital media the comments orspeech of any person or presidential candidate ortake a video through smart phones or any othermeans.

x x x

Attached to the Manifestation of accused Vitangcol arethe two (2)cited news reports (Annexes "A"and "B")which arephotocopies of print-outs from the news sources in theintemet.

A cursory reading of the Annexes will reveal that theyare news reports making reference to pleadings filed by bothparties before this Court. There does not appear to be a clearand specific indication that their sources were from any

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member of the prosecution panel. Neither does it show thatthe information in the Annexes came from the Office of theOmbudsman or the Officeof the Special Prosecutor. Clearly,the allegations are by themselves bare and without anyevidentiary support.

Finally, it must be underscored that the April 19,2016Order was purposely issued - - to protect the rights of theaccused and the integrity of this Court in the administrationofjustice. Hence, strict compliance is required.

WHEREFORE, premises considered, the Manifestationof grave concern with Motion dated November 15,2018 filedby accused Al Sanchez Vitangcol Ill, through counsel, ismerely NOTED. The prayer integrated therein is, however,DENIED for lack ofmerit.

Nevertheless, the parties are hereby REMINDED of theGag Order dated April 19, 2016, principally directing them torefrain from discussing the merit of these cases and to issueany press releases regarding the same.

Hence, the earlier cited substantive contents of the April19, 2016 Order of this Court are hereby REITERATED forstrict compliance.

SO ORDERED.

o R. FERNANDEZciate Justice

Weconcur:

.AMPAROM~Presiding Justice/

·Sitting as Special Member as per Administrative Order No. 262-2018 dated April 30, 2018.

BRF/berlin