Sandiganbayan OKs withdrawal of Safe Spaces Act case vs Army colonel

MANILA, Philippines — The Sandiganbayan has allowed the withdrawal of a Safe Spaces Act case against an Army colonel, ruling that the case should instead be filed before a Regional Trial Court (RTC).

In a resolution promulgated on Oct. 21 and posted on the anti-graft court’s website on Friday, its Third Division granted special prosecutors’ Motion to Withdraw Information on the case of Col. Roy Papica Abad, who was charged with violation of the Republic Act No. 11313, or the Safe Spaces Act.

The Information alleged that Abad, on July 2, 2024, “criminally [made] unwelcome sexual advances” against a female Army dental technician by “hugging” and “forcing to drink alcohol against her will and requesting to kiss her.”

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“After a review of the record of the case and the arguments raised by the parties, the court GRANTS the motion to withdraw the Information-filed by the prosecution,” according to the the resolution penned by Associate Justice Karl Miranda, chair of the Third Division.

The court said the case should be filed before an RTC in a judicial region other than the one where Abad holds office.

Special prosecutors argued that the information did not allege bribery or damage to the government, placing the case outside the Sandiganbayan’s exclusive original jurisdiction over certain offenses involving public officials.

They said the Office of the Ombudsman also approved the withdrawal of the Information on Aug. 17. 

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The court noted that both the prosecution and Abad agreed to the withdrawal, although the private complainant opposed it.

“While the private complainant opposes the withdrawal, the court in the exercise of its discretion approves the same as the substantial rights of the accused are not impaired,” it said.

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The court also lifted the hold departure order against Abad and ordered the release of his bond./dp