G.R. Nos.
187912-14 January 31, 2011
JOEY P. MARQUEZ, Petitioner,
vs.
THE SANDIGANBAYAN 5th DIVISION and THE OFFICE OF THE SPECIAL
PROSECUTOR, Respondents.
FACTS:
As per COA Audit Report, for the year 1996 to 1998 that the procurement of
several thousand rounds of bullets were grossly overpriced from VMY Trading, thus
issuing a notice of disallowance, reconsideration was later sought however, denied.
Marquez filed motion to refer prosecution’s evidence for examination by the
question documents Section of NBI insisting that his signatures on the vouchers were
forged. However, the prosecution said that, when confronted during the COA audit
investigation, Marquez never raised the defense of forgery. Instead, he insisted on the
propriety of the transaction. Thus he was estopped from alleging such and denied.
ISSUE:
Whether or not the Public Respondent Sandiganbayan 5th Division committed
Grave Abuse of Discretion Amounting to Lack Or Excess Of Jurisdiction upon denying
the petitioner’s Motion to refer prosecution’s evidence for examination of the document.
RULING:
In connection with Sec. 14 Art.III of the 1987 Constitution that due process in
criminal proceedings requires that (a) the court or tribunal trying the case is properly
clothed with judicial power to hear and determine the matter before it; (b) that
jurisdiction is lawfully acquired by it over the person of the accused; (c) that the accused
is given an opportunity to be heard; and (d) that judgment is rendered only upon lawful
hearing.
In the case at bar, Marquez was not afforded with reasonable opportunity to
present evidence hence he was deprived of his right to present his own defense. How
the prosecution, or even the court, perceives his defense to be is irrelevant. To them,
his defense may seem feeble and his strategy frivolous, but he should be allowed to
adduce evidence of his own choice. The court should not control how he will defend
himself as long as the steps to be taken will not be in violation of the rules.
Also, the delay was due to the denial of Marquez simple request. The fact that
Marquez did not raise this issue with the COA is immaterial and irrelevant.
Petition Granted Aside. The 5th Division of the Sandiganbayan is hereby ordered
to allow the petitioner Joey P. Marquez to refer the evidence of the prosecution to the
Questioned Documents Section of the National Bureau of Investigation for examination
