Sandiganbayan Rejects Motion to Defer Arraignment
MANILA, Philippines — The Sandiganbayan has denied the motion of former Davao City Water District (DCWD) general manager Wilfredo Carbonquillo to postpone his arraignment. The court dismissed his claim that his right to a speedy trial had been violated.
The court highlighted that Carbonquillo had been at large for 24 years, which significantly influenced their decision.
In a resolution issued by the Sandiganbayan’s Third Division on July 4, the court explained that Carbonquillo’s prolonged absence amounted to a waiver 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 resolution stated.
Details of the Case and Court’s Findings
Carbonquillo faces two counts under Section 3(e) of Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act. These charges stem from alleged irregularities related to a well-drilling project uncovered in 1998.
In his motion, Carbonquillo argued that the delay between the complaint filing and the information constituted inordinate delay, violating his constitutional rights. However, the court disagreed. It ruled that the nearly two-year preliminary investigation was reasonable given the complex, fact-intensive nature of the allegations.
The court referenced the Office of the Ombudsman for Mindanao’s request for a special audit from the Commission on Audit Region XI. This audit aimed to clarify the transactions of DCWD related to the project and shed light on the case’s issues.
The resolution further recalled that the information against Carbonquillo was filed on May 8, 2000, nearly two months after the complaint. At that time, Carbonquillo could have raised the issue of delay but instead chose to evade the court for 24 years, causing the case to be archived.
Prosecution and Extensions Granted
The Sandiganbayan also addressed Carbonquillo’s claim that the prosecution subjected him to harassment or vexatious conduct, which caused him harm. The court noted that his requests for extensions were largely granted, with 70 days requested and at least 60 days approved.
“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,” the court stressed.
The resolution, penned by Sandiganbayan Third Division Chair Associate Justice Karl Miranda, set Carbonquillo’s arraignment for July 11.
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