Facade of the Sandiganbayan building INQUIRER file photo
MANILA, Philippines — The Sandiganbayan denied the motion of former Davao City Water District (DCWD) general manager Wilfredo Carbonquillo to defer his arraignment, rejecting his claim that his right to a speedy trial had been violated.
The court cited that Carbonquillo “went at large for 24 years.”
In a resolution by the court’s Third Division promulgated on July 4, the court said that being at large amounted to an acquiescence of his right to a speedy trial.
“His invocation of his right to a speedy disposition of his case after 24 years in hiding palpably amounted to a waiver of the said constitutional right,” the court wrote in the resolution.
Carbonquillo faces two counts of violating Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, for alleged irregularities in a well-drilling project uncovered in 1998.
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In his motion, Carbonquillo argued that the delay between the filing of the complaint and the information constituted inordinate delay and violated his constitutional rights. But the court disagreed, stating that the nearly two-year preliminary investigation was a “fairly reasonable period considering the fact-intensive nature of the allegations.”
According to the ruling, the Office of the Ombudsman for Mindanao requested a special audit from the Commission on Audit in Region XI on the transactions of the DCWD concerning the project to determine the issues of the case.
“To recall, the Information against Carbonquillo dated March 28, 2000, was filed on May 8, 2000. At that point, Carbonquillo could have already raised inordinate delay. Instead, he went at large for 24 years, resulting in the instant case being archived,” part of the resolution read.
The Sandiganbayan also addressed the claim that Carbonquillo was subjected to aggravating or harassing action from the prosecution that caused him harm, noting that his requests for extension were accommodated.
The resolution cited that Carbonquillo requested 70 days’ worth of extensions, of which he was granted at least 60 days.
“Carbonquillo has failed to show that the alleged delay was attended by vexatious, capricious and/or oppressive conduct on the part of the complainant or the prosecution,” part of the resolution read.
The resolution, penned by Sandiganbayan Third Division Chair Associate Justice Karl Miranda, sets Carbonquillo’s arraignment for July 11. /jpv