Defense counsel fined over delay in filing judicial affidavit

MANILA — The Sandiganbayan Sixth Division fined a defense counsel on Tuesday over the one-day delay in the filing of the judicial affidavit of her client.

The sixth division is holding a trial on the malversation charges against former congressman and fugitive Zaldy Co and former officials of the Department of Public Works and Highways (DPWH) – Mimaropa.

The prosecution raised that former DPWH-Mimaropa Construction Division chief Dominic Serrano’s judicial affidavit, which contains voluminous documents, was filed on a Friday while the hearing is set for Tuesday.

Atty. Maria Rosa Rico-Sabado, Serrano’s counsel, admitted that they were a day late in the submission.

She explained that they were constrained to present Serrano as Tuesday’s witness in order to accommodate the other counsel’s request to present their witness on Nov. 5.

Court chairperson Senior Associate Justice Sarah Jane Fernandez pressed Sabado why the judicial affidavit was not submitted within the five-day period, noting that there is no need to subpoena Serrano as he is their client.

The counsel said they have initial drafts prepared for their client. However, they have to make adjustments because the drafts included the same testimonies of other witnesses and they want to avoid duplications.

Sabado said they tried their best to submit it before the deadline, but were not able to do so. She stressed that they have no intention to delay the prosecution because of the belated filing.

Under the rules, only one late submission is allowed provided that the reason for the delay is for a valid reason. The counsel, however, did it four times already.

The court imposed a P5,000 fine due to repeated violations.

Subsequently, Serrano testified at the sixth division, in which he shared his duties and mandates as the chief of the DPWH-Mimaropa’s Construction Division.