Former Puerto Princesa City Mayor Edward Hagedorn has filed a movement for the dismissal of charges towards him for perjury, ethics breach and graft over his alleged failure to declare his companies and autos in his assertion of property and liabilities networth (SALN).
Hagedorn filed an pressing omnibus movement to the Sandiganbayan Fifth Division and mentioned the anti-graft courtroom ought to dismiss the instances with prejudice.
READ: Hagedorn charged with perjury over false SALN declarations
In his movement, Hagedorn mentioned he had no undeclared wealth in his SALNs, which all indicated the true worth of his property.
“It is very important to emphasize that the accused never under-declared the value of his assets,” Hagedorn’s attorneys mentioned. “He has no undeclared wealth. All his SALNs indicate an accurate value of his assets.”
Hagedorn mentioned the allegation that he misdeclared his wealth was “false,” particularly as a result of he filed a separate attachment to his SALN saying he mentioned sufficed to adjust to the required truthful disclosure of wealth.
He mentioned the SALN compliance rule is a “difficult question of law” that didn’t even spare the late Chief Justice Renato Corona, who was impeached by Congress for failure to reveal his property in SALN.
“The accused, not being a lawyer, complied with the law as he understood it,” Hagedorn’s attorneys mentioned. “The accused is not trained in the technical aspects of the law.”
Hagedorn mentioned he shouldn’t be “faulted” for his “honest mistake” of not declaring in his SALN his trusteeship in numerous companies as suggested by his lawyer.
“Mistake in a difficult question of law is a basis for good faith,” he mentioned. “This is an honest mistake on the part of the accused.”
He mentioned he had divested his shares within the companies which he allegedly didn’t disclose in his SALNs, by executing deeds of belief in favor of his grandchildren.
He mentioned he shouldn’t be prosecuted for not declaring his bikes in his SALN as a result of these have been raffled off to his constituents and thus he now not owned them.
“He has no reason to maintain or hoard a fleet of motorcycles,” Hagedorn mentioned.
He mentioned he solely had “good faith” in not declaring all his automobiles in his SALN, as a result of these have been already “scrap” and thus had no worth.
“Common sense also dictates that scrap vehicles could not be considered as assets,” Hagedorn mentioned.
He mentioned the info within the info didn’t charge a legal offense, as a result of there was no allegation the SALNs have been beneath oath and subscribed earlier than competent officers.
He additionally cited the allegedly unreasonable delay of the Office of the Ombudsman in investigating the case earlier than its submitting to the Sandiganbayan, which he claimed violated his constitutional proper to a speedy disposition of instances.
“The preliminary investigation of these cases lasted for at least three years and five months, more or less,” Hagedorn mentioned. “The Rules of Court provides that preliminary investigation should be terminated within 60 days only.”
Finally, Hagedorn mentioned the data filed towards him have been “duplicitous,” which might be condensed into one single case info.
Undeclarerd 59 properties, 45 autos
The Office of the Special Prosecutor filed 9 counts every of perjury and graft towards Hagedorn for his failure to declare 59 residential, agricultural, and industrial properties, in addition to 45 autos – together with bikes, luxurious autos resembling Volvo, Toyota Landcruiser, BMW, and different sports activities utility autos.
READ: Hagedorn faces perjury charges for alleged false SALN declaration
Hagedorn allegedly did not disclose his enterprise pursuits within the companies Palawan Jolly Foods Corp., Puerto Princesa Broadcasting Corp., Puerto Prince Bee Foods Corp., Green Forest Blue Waters Corp., Radiant Home Land Development, Inc., and Hagedorn Travel and Tours, Inc.
Besides the graft and perjury, the prosecutors additionally filed 9 counts of violations of Section eight of the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act 6713) for his non-filing of truthful SALNs.
According to the charge sheet for 9 counts of violations of Section 7 of the anti-graft legislation, Hagedorn “unlawfully and criminally failed to truthfully and accurately declare in his SALN the real properties, motor vehicles and corporate/business interests that he in fact owns” within the years from 2004 to 2012.
Hagedorn “concealed information about his ownership of real and personal properties by failing to accurately declare them in his SALNs,” the Office of the Ombudsman earlier mentioned in its indictment towards Hagedorn.
“(A)n examination of respondent’s SALN from 2004 to 2012 would reveal that, during the said years, he declared only three real properties located in Puerto Princesa City and one real property located in Parañaque City as his own… (B)y any standard, the disparity between the number of realties registered in respondent’s name and that declared in his SALNs is too significant to be dismissed,” the indictment mentioned.
The Office of the Ombudsman mentioned tax declarations submitted throughout the preliminary investigations confirmed that Hagedorn had greater than three actual properties registered beneath his title – 5 buildings, 4 industrial lands, 10 agriculture lands, and 40 residential lands.
Public officers are required to submit truthful and correct SALNs as required by the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and the Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act 6713).
Failure to declare a truthful assertion of wealth is punishable with 5 years imprisonment and/or a wonderful not exceeding P5,000 in keeping with Republic Act 6713.
Meanwhile, an individual commits perjury by intentionally making an untruthful assertion in a doc required by legislation to be sworn earlier than any public officer, the Office of the Ombudsman mentioned.
The prosecutors really helpful bail of P4,000 for every rely of graft, P6,000 for every rely of perjury, and P10,000 for every rely of moral breach – for a complete bail quantity of P180,000. /atm
Hagedorn has posted bail.
READ: Hagedorn posts bail in perjury case
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