Ombudsman’s ‘unreasonable delay’ cited Sandigan junks case vs Ilocos Sur vice gov

MANILA, Philippines - The Sandiganbayan’s First Division has dismissed a graft case filed against Ilocos Sur Vice Gov. Deogracias Victor Savellano last year, as it cited “unreasonable delay” by the Office of the Ombudsman that violated his right to a speedy disposition of the case.

Savellano, a former Ilocos Sur governor, was indicted on orders of Ombudsman Conchita Carpio-Morales in October 2013 along with fellow former governor Luis “Chavit” Singson.

Singson was charged for alleged anomalies from 1998 to 2001 and Savellano from 2001 to 2003, covering alleged unlawful releases of public funds totaling P26,060,500 in financial assistance to Multi-Line Food Processing International Inc.

After looking into the records of the case, the anti-graft court, however, learned that the original complaint against the two was filed with the Office of the Ombudsman on Dec. 5, 2002 yet it was only on Dec. 10, 2012 that Savellano was directed to answer the allegations.

The First Division, composed of Associate Justices Efren de la Cruz, chairman, and Rodolfo Ponferrada and Rafael Lagos, said such a delay violated Savellano’s right to due process.

Singson also raised the same argument in his motion to quash the case against him pending before the Sandiganbayan’s Fifth Division. 

“It is worth to stress that in this span of years, the Office of the Ombudsman had not concerned itself yet with the substantive issue on the presence of probable cause but only on the question of which office had jurisdiction to handle the complaint,” read the First Division’s ruling. 

“The court is persuaded that indeed the unjustified delay caused the accused-movant stress, anxiety and mental anguish and limited his defense. Thus the court is constrained to decree the dismissal of these cases for violation of the constitutional right of the accused to speedy disposition of his cases,” it added.

The First Division also recently ordered the dismissal of graft charges against former Presidential Commission on Good Government (PCGG) commissioners Narciso Nario, Tereso Javier and Nicasio Conti, saying the Office of the Ombudsman violated their right to a speedy trial, too.

It cited the anti-graft agency’s unexplained failure to resolve the motions for reconsideration of the three former PCGG officials for more than two years.