The Sandiganbayan Third Division has junked the petition of businessman Cedric Lee to quash the charges against him in connection with the alleged ghost construction project at the Mariveles Public Market that costs over P24 million. (Photo courtesy of Google Maps) In a 16-page resolution, the Third Division denied the motion to quash of Lee that sought the dismissal of the one count of violating the Anti-Graft and Corrupt Practices Act (Republic Act 3019) and one count of malversation under Article 217 of the Revised Pena Code (RPC) on the grounds that the facts do not constitute any of the offenses. Citing Supreme Court (SC) rulings, the Third Division explained that “the fundamental test in reflecting on the viability of a motion to quash on the ground that the facts charged do not constitute an offense is whether or not the facts asservated, if hypothetically admitted, would establish the essential [...]
