Sandigan junks graft case vs ex-Leyte mayor over Ombudsman delays

Sandiganbayan. INQUIRER FILE PHOTO

MANILA — The Sandiganbayan has thrown out the graft case against the former mayor of Capoocan, Leyte, due to unreasonable delays on the part of the Office of the Ombudsman.

In a nine-page resolution, the court’s Fifth Division lamented that it took four years and seven months to conclude the preliminary investigation on the complaint against Federico Carolino, Sr., now the town’s vice-mayor.

Also cleared were bids and awards committee members Pio Antonio Borrel, Macario Noel Gullemas, Letecia Morelos, and Jesalie Loteyro.

The court said the prosecution “failed to explain the protracted amount of time” in haling Carolino and other town officials to court since complaint Emeterio Tañala filed his complaint in September 2011.

Records showed that the Ombudsman’s Public Assistance and Corruption Prevention Office (PACPO) initiated the case in March 2012. The investigation officer recommended in December that year that criminal and administrative charges be filed.

But it was only more than a year later, on January 2014, that the Office of the Ombudsman in Visayas finally ordered the respondents to file their counter-affidavits.

The court noted that the fact that Tañala and the PACPO themselves had to file several motions for early resolution “indicate that there was indeed delay in the resolution of this case.”

Although the resolution finding probable cause against Carolino was dated Sept. 15, 2014, Ombudsman Conchita Carpio Morales only approved the indictment on March 8, 2016.

The court thus dismissed the graft case, finding that “the accused-movants’ constitutional right to speedy disposition of cases is indubitably violated.”

Although Carolino has been off the hook for criminal charges, the court said this “does not automatically result to the exoneration of the accused-movants from civil liability” as provided by Section 2, Rule 111 of the Rules of Court.

The Capoocan officials were accused of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act over the allegedly anomalous procurement of two Mitsubishi dump trucks in 2008.

Investigation showed lapses in the bidding process, such as the reference to a specific brand name, noncompliance with technical specifications, and failure to declare an approved budget for the contract.  SFM