11/06/2026
Law Practice and Procedure and Trial Technique IN THE OMB and The SANDIGANBAYAN
By Atty Arturo M. de Castro
MOCK BAR EXCERCISES
1.What is the rational for SUSPENSION FROM OFFICE by the OMB in Administrative Cases and by the SANDIGANBAYAN in Criminal Cases against Public Officials?
Answer: to prevent tampering of evidence by the Respondent before the OMB during Preliminary investigation and by the Accused before the SandiganBayan.
2. What is the remedy to avoid suspension before the OMB during Preliminary Investigation.?
ANSWER: File Counter Affidavit With Countervailing Supporting Evidence and SUBMIT the case for Resolution, precluding the possibility of respondent being able to tampere with the evidence.
3. What is the remedy to avoid suspension from Office of the Accused Public Officer?
Answer: Assail the validity of the lnformation up to the SUPREME COURT , If necessary, as explained in the previous post.lf l may add thereto, an Accused Public Official who is under detention cannot be suspended because he cannot tamper the evidence and unless convicted enjoys the presumption of innocence under the Constitution.
MODESTY ASIDE
None of my High Profile Clients were jailed or suspended by the OMB. To illustrate our former SENATOR MERIAM DEFENSOR SANTIAGO was sued in one lnformation for Anti Graft before the lst DIVISION of the SB Court for granting 32 filpino citizenships to Chinese Nationals l filed a motion to quash on the ground that the lnformation charged more than one offense.Prosecutor Simeon Ferrer amended the lnformation into 32 lnformations and Justice Garchitorena issued 32 Warrants of Arrest against Meriam. Before the 32 Warrants of Arrest were implemented, l obtained a TRO from the SUPREME COURT. Similarly , former Speaker Jose de Venecia were issued 3000 Warrants of Arrest by the SB Court on estafa cases filed by 3000 overseas workers in Saudi Arabia.l obtained a TRO from the SUPREME COURT on the legal theory that where the obligation is covered by cotracts there is no estafa but there is only civil liability and LAND OIL was able to pay when we won 5 Million War Damage Claims against the Lloyds of London. My small law office put up paying stations in different places and the 3000 Estafa Cases were eventually dismissed on the ground that breach of a contractual obligation gives rise only to civil liability.not criminal.For other sensational cases , you may read my, BIOGRAPHY in 2 volumes, THE STORY OF MY LIFE AS A LAWYER BEFORE DURING AND AFTER MARTIAL LAW distributed by CENTRAL BOOKS SUPPLY and LAZADA, which also includes advice to law students, young lawyers.
