Sandigan to proceed with Carillo’s graft case

CEBU, Philippines — Former Cebu City councilor Gerardo Carillo will continue to face trial of the anti-graft case filed against him before the Sandiganbayan.

Carillo, through counsel, filed a motion to quash information last November 21 that sought the dismissal of his case, claiming his constitutional right to speedy disposition of cases was violated.

Associate Justice Oscar Herrera, Jr., of the second division, however, denied Carillo's motion, citing there was no inordinate delay in the conduct of the investigation.

The case stemmed from a complaint filed by Administrative Aide III Michael Abellana. He alleged Carillo ordered him to moonlight as a cook during office hours at the restaurant of the former official’s girlfriend.

Abellana said before he goes to the restaurant, he would register first his attendance in the biometrics at 5 a.m. and would go back at Carillo’s office where he was assigned at 11 a.m. to log out.

Allegedly, such arrangement started from July 2013 to December 2014.

Sought for comment, Carillo said he was expecting the denial of his motion because he received an order setting the trial of the case this month.

“They will have to present their evidence against me,” he said.

He is still hopeful though that the court will exonerate him.  He also said he will take all legal remedies to clear his name.

In his motion, Carillo alleged it took the Office of the Ombudsman close to three years to conduct and finish the preliminary investigation, a violation of his right to speedy disposition of cases.

However, the anti-graft court claimed there was no inordinate delay in the conduct of preliminary investigation.

The complaint was filed on October 9, 2015 and the counter-affidavit of Carillo was sent on December 4, 2015, but the resolution was issued on May 24, 2017, which was approved by the Ombudsman on June 5, 2017. Carillo reportedly filed a motion for reconsideration of his case.

With the foregoing, the Sandiganbayan found no inordinate delay and that Carillo was afforded his right to due process.

"Considering the peculiar circumstances in the proceedings before the Office of the Ombudsman, the court rules that there was no inordinate delay in the conduct and termination of the preliminary investigation, or any delay that can be characterized as vexatious, capricious and oppressive," read the resolution.

In 2017, the Office of the Ombudsman found Carillo administratively liable of serious dishonesty where he was permanently banned from holding public office.

The anti-graft case was elevated before the Sandiganbayan. — GAN (FREEMAN)