MANILA, Philippines - The Sandiganbayan has junked a graft case filed five months ago by the Office of the Ombudsman against former Cavite governor Erineo “Ayong” Maliksi.
In a decision promulgated Monday, the anti-graft court granted a motion to dismiss filed by Maliksi shortly after he was indicted in August 2014.
The Sandiganbayan cited the inordinate delay in filing the case as basis for the dismissal of the charges against Maliksi.
Records show that incumbent Cavite Gov. Jonvic Remulla filed the complaints against Maliksi in August 2005, citing alleged irregularities in the purchase of medical supplies by the provincial government under Maliksi in 2002.
It took nine years for the Office of the Ombudsman to complete its investigation of Remulla’s complaint, which according to the Sandiganbayan, was a violation of Maliksi’s rights to due process and speedy disposition of the case.
Sandiganbayan Associate Justices Teresita Diaz-Baldos, Napoleon Inoturan, and Maria Cristina Cornejo rejected the ombudsman’s explanations and ruled in favor of Maliksi.
The prosecution even tried to blame Maliksi for his alleged failure to inquire on the status of the investigation being conducted against him.
Government lawyers also cited several events in 2010 such as the Rizal Park hostage-taking incident and the impeachment complaint against former ombudsman Merceditas Gutierrez as reasons for the delay in the filing of the case.
The anti-graft court rejected the ombudsman’s explanations.
It said the delay was unjustified, citing a Supreme Court ruling declaring a delay of three years as questionable.