SALN cases vs Aklan governor, wife junked

MANILA, Philippines — Citing the “inordinate delay” by the Office of the Ombudsman in investigating and filing the cases, the Sandiganbayan has dismissed the four criminal charges filed against Aklan Gov. Florencio Miraflores and his wife Ma. Lourdes in connection with their statements of assets and liabilities and net worth (SALNs).

In a decision dated Nov. 14, Associate Justice Michael Frederick Musngi lifted the hold orders earlier issued against the couple. 

The Sandiganbayan’s second division said it took the ombudsman more than eight years to finish the investigation and file charges.

The anti-graft court said a delayed probe on violations of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees deprived the rights of the respondents to a speedy trial.

The Mirafloreses were indicted for allegedly failing to declare P6 million worth of investments in a local bank and four vehicles in their SALNs from 2006 to 2009.

Ma. Lourdes was former mayor of Ibajay town.

After posting bail four months ago, the respondents sought to dismiss the cases, claiming the ombudsman’s fact-finding investigation took seven years to complete or from 2010 to 2017.

They said it took another year for the probers to resolve their motion for reconsideration and another 156 days to indict them before the Sandiganbayan in June this year.

The anti-graft court said a “ pending and prolonged disposition of a case causes anxiety, hostility, expenses and restriction on the accused.

It said the passage of time in the conduct of investigation weakens the defense of the respondents.

“In these cases, the attendant delay has caused tactical disadvantage in the preparation of the accused’s defense,” the Sandiganbayan said.

The ruling was concurred in by Associate Justices Alex Quiroz, Reynaldo Cruz and Lorifel Pahimna.

Second division chairman Oscar Herrera Jr. dissented.