Sandiganbayan junks former mayor Chiong’s motion to dismiss graft charge

0 568

The Sandiganbayan has junked former Naga City mayor Valdemar Chiong’s motion to dismiss a graft charge against him.

The graft case involves the Cebu politiko’s issuance of a mayor’s permit to a company that supposedly was non-compliant to the Fire Code.

The Sandiganbayan said Chiong’s motion lacked merit.

“It bears stressing that the prosecution, which has the burden of establishing the guilt of the accused beyond reasonable doubt, and not the accused, is in a better position to determine if it can proceed. This court finds no reason to warrant the dismissal of the present case,” the Sandiganbayan resolution stated.

Chiong, in his motion, said the complainant already executed an affidavit of desistance.

But the Sandiganbayan cited a Supreme Court ruling saying that an affidavit of desistance or pardon is not a ground for the dismissal of an action.