Sandigan dismisses graft raps vs ex-Leyte mayor
February 12, 2017 | 2:22pm
The Fifth Division said the prosecution failed to provide a plausible justification why it took the ombudsman more than four years to resolve the complaint against former Capoocan, Leyte Mayor Federico Carolino and his co-accused and filed the case before the Sandiganbayan.
File
MANILA, Philippines — The Sandiganbayan Fifth Division has dismissed the graft case against former Capoocan, Leyte Mayor Federico Carolino Sr. and four other former officials of the municipality citing the Office of the Ombudsman's “inordinate delay” in its investigation.
In its nine-page ruling, the Fifth Division said the prosecution failed to provide a plausible justification why it took the ombudsman more than four years to resolve the complaint against Carolino and his co-accused and filed the case before the Sandiganbayan.
“Lamentably, it took the Office of the Ombudsman four years and seven months from the filing of the complaint to the filing of the [case] information in Court....The accused-movants' constitutional right to speedy disposition of cases is indubitably violated; hence, the instant information against them must be dismissed,” the resolution penned by Associate Justice Maria Theresa Mendoza-Arcega read.
Division chairman Associate Justice Roland Jurado and senior member Associate Justice Rafael Lagos concurred with the ruling.
Aside from Carolino, also acquitted of the case were former municipal Bids and Awards Committee members Pio Antonio Borrel, Macario Noel Gullemas, Letecia Merelos and Jesalie Loteyro.
The case stemmed from the alleged anomalous purchase of two Mitsubishi dump trucks in 2008 during Carolino's term as the mayor of the municipality. Carolino is currently Capoocan, Leyte vice mayor.
The ombudsman said the supply contract was awarded to Compressed Air Machineries and Equipment Corp. (CAMEC) despite lapses in the bidding process, such as inconsistencies in the supplier’s business name and its non-compliance with technical specifications.
The graft probers further said the respondents also violated procurements rules by resorting to specific brand names and by proceeding with the purchase despite their failure to declare the approved budget for the contract.
In its ruling, the Fifth Division noted that a letter of complaint was filed against the respondents by a certain Emeterio Tañala before the Office of the Ombudsman–Visayas on Sept. 26, 2011.
Court records show that the Office of the Ombudsman–Visayas' Public Assistance and Corruption Prevention Office (PACPO) then filed a formal complaint against the respondents on March 14, 2012. And yet, it was only on Jan. 17, 2014 when Carolino and the other respondents were directed to file their respective counter-affidavits.
“Noticeably, the inordinate delay is further manifested by the several Motions for Early Resolution filed by Tañala and by the PACPO. These motions from the complainants themselves indicate that there were indeed delay in the resolution of this case,” the court pointed out.
The Fifth Division further noted that the resolution finding probable cause to file a graft case against the respondents was issued on Sept. 15, 2014. And yet, it took Ombudsman Conchita Carpio Morales more than five months to approve the resolution on March 8, 2016.
The case was formally filed before the Sandiganbayan on April 27, 2016.
“The accused-movants are correct in pointing out that there is inordinate delay in this case. The prosecution miserably failed to explain the protracted amount of time in approving the said resolution,” the court said.
Following the dismissal of the case, the court also ordered the lifting of the hold departure order (HDO) against the respondents and the return of the bail bond that they earlier posted.
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