Former Commission on Elections Chairman Benjamin Abalos Sr. INQUIRER FILE PHOTO
The Sandiganbayan has denied the bid of former Commission on Elections Chair Benjamin Abalos Sr. to junk his latest graft case for unreasonable delays.
In an 11-page resolution, the antigraft court’s Sixth Division said that contrary to Abalos’ claim, the Office of the Ombudsman’s preliminary investigation “cannot be characterized as one attended by capricious, vexatious and inordinate delay.”
The case involves the June 2003 purchase of two Toyota Revo VX 200 cars worth P1.71 million, which allegedly did not go through public bidding. Abalos claimed that from 2008, it took the Ombudsman over eight years to bring the case to court last year.
The court, however, sided with state prosecutors in counting just the period taken by the preliminary investigation stage, which began when field investigators formally filed the complaint on August 2013.
Preliminary investigation is the stage that follows the gathering of evidence, when the prosecuting panel determines if there is probable cause to try the accused in court.
The court did not consider the fact-finding probe before this to be a judicial proceeding, where the right to speedy disposition of cases may be invoked.
For the court, the length of time consumed by preliminary investigation “appears to be reasonable and acceptable.”
It even noted that while Abalos claimed not to have received a September 2013 order for him to file his counteraffidavit, the Office of the Ombudsman still issued a second order on September 2014.
“More than anything else, the proceedings showed that the accused Abalos was duly accorded due process and given all the opportunity to be heard and to present his evidence for purposes of preliminary investigation,” the court found.
Since the motion to quash was denied, Abalos is now scheduled for arraignment on Thursday morning.