Ombudsman appeals dismissal of raps vs ex-Southern Leyte governor

MANILA, Philippines — The Sandiganbayan should reconsider its ruling dismissing the falsification of public documents charges filed against former Southern Leyte governor Damian Mercado, according to the Office of the Ombudsman.

In a motion for reconsideration filed on June 6, the ombudsman said the anti-graft court’s fifth division erred in its May 21 ruling dismissing the charges over supposed violation of Mercado’s constitutional right to speedy disposition of cases. The court said the prosecution panel failed to justify why it took 10 years to investigate the complaint.

However, the ombudsman said Mercado failed to show that he was prejudiced during the investigation of the cases.

“Mercado has not shown ... that he suffered any prejudice or that he was subjected to vexatious and capricious delay,” the ombudsman’s motion read.

Records show that the Visayas office of the ombudsman received a complaint against Mercado on March 7, 2008.

The Sandiganbayan said it took the ombudsman six years or until April 12, 2014 to finish its fact-finding investigation and another four years to file the cases.

The ombusman said the fact-finding or evidence-gathering stage of the investigation should not be included in the computation of the time  spent before filing the cases.

The cases stemmed from Mercado’s alleged declaration in his Personal Data Sheet that he obtained a degree in civil engineering from the University of the Visayas.

The ombudsman said Mercado also failed to indicate that he finished his elementary education at the Maasin Central School and his secondary education at the University of the Visayas.

The ombudsman said Mercado also made it appear in the Elective Local Official’s Profile Directory that he submitted to the Department of the Interior and Local Government that he completed his elementary education in 1971 when records show that he graduated in 1968.