Legaspi Law Offices

General seeks MR on plunder case

Lawyer Florante Legaspi Jr., counsel for Brig. Gen. Bentio de Leon, said his client will file a motion for reconsideration (MR) of the justice department’s resolution that found probable cause for plunder against him and 10 other retired and officers.

De Leon, who is chief of Management and Fiscal office at the General Head quarters of AFP, served as executive assistant to then-afp chief general Roy Cimatu, who was recommended for indictment for plunder by the DOJ panel of prosecutors.

Brig. Gen. Bebito de Leon’s lawyer says DOJ relied solely on the testimony of whistleblower Col. George Rabusa who, according to the lawyer, admitted to having plundered military funds to enrich himself

Legaspi said the DOJ relied solely on the testimony of whistleblower Col. George Rabusa who, according to Legaspi, admitted to having plundered military funds to enrich himself and had penned down innocent person to absolve himself of the crime.

“The DOJ has allowed a complainant, Colonel Rabusa, who is most guilty, ill-motivated and the mastermind, to cover up the ill-gotten wealth he acquired for himself through the plunder of AFP funds, to perjure himself and to use his false statement to pin down innocent persons to exonerate himself of his criminal acts,” he said.

Legaspi said that the DOJ failed to look into the admissions of Rabusa in his amended complaint-affidavit that he opened private bank account of millions of pesos, which came from the AFP.

The funds were under Rabusa’s absolute control and disposal. His admission of having deposited such huge amount to his own bank accounts, Legaspi said, is enough to prove that Rabusa is guilty of plunder and should be charge accordingly.

Rabusa, the lawyer said, cannot avoid prosecution by seeking refuge in the filling of the instant case where he can apply as state witness. Under the premises, Rabusa is the only guilty party, he said.

Legaspi said de Leon will ask the Office of the Ombudsman to conduct its own preliminary investigation.

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