Sandiganbayan Quashes Case Due to Delay
MANILA, Philippines — The Sandiganbayan has dismissed criminal complaints against former Bislig City Mayor Librado Navarro, citing over eight years of “inordinate delay” by the Office of the Ombudsman in completing its preliminary investigation. The delay violated Navarro’s right to a speedy disposition of cases, the court said.
In a 10-page resolution dated August 4, the anti-graft court’s Third Division granted Navarro’s motion to quash the complaints linked to the alleged misuse of the city’s special education fund. The court also lifted the hold departure order issued against him.
Delay Violates Right to Speedy Disposition of Cases
The Sandiganbayan found that the Ombudsman in Mindanao took an unreasonable and excessive amount of time to conduct its investigation and file charges. “The time it took the OMB-Mindanao to conduct the preliminary investigation and file the necessary Informations against Navarro was unreasonable, vexatious, capricious, oppressive, excessive, and violated his right to speedy disposition of cases,” the resolution stated.
Background of the Case
Navarro, together with co-accused Racquel Bautista and Roberto Viduya, faced 23 counts of Illegal Use of Public Funds or Property related to allegedly misappropriating more than P100,000 from the city’s special education fund in 2012. The funds were reportedly spent on travel, equipment and vehicle repairs, office supplies, fuel, a cash book, and other miscellaneous items.
The complaint was filed with the Ombudsman in Mindanao on February 1, 2016, but it took over seven years before probable cause was found, with a resolution only issued on September 11, 2023. The Office of the Special Prosecutor then filed criminal charges against the trio before the Sandiganbayan on May 30, 2024.
Sandiganbayan Notes Lack of Evidence and Excessive Delay
The court emphasized that the Ombudsman failed to present sufficient proof backing the allegations. “There are only three respondents involved, and there is no proof that the records of the cases are voluminous to warrant several years of review. Although there are 23 transactions involved, these are merely small amounts totaling P131,887.41 only,” the Sandiganbayan explained.
It also stressed that such simple cases do not require elaborate investigations. “Since the elements of Illegal Use of Public Funds can be readily determined from the records, there is no reason why the OMB-Mindanao took a lot of time to finish the preliminary investigation and file the corresponding Informations in court,” the court added.
Legal Basis for Speedy Resolution
Invoking the Ombudsman Act of 1989, the court reminded that the Ombudsman is mandated to act promptly on complaints. Navarro raised his right to speedy disposition of cases in his motion to quash dated March 25.
The Sandiganbayan clarified that the right to speedy disposition is violated when delays are vexatious, capricious, or oppressive, or when cases remain untried without just cause for an extended time.
Co-Accused Also Cleared
In a separate resolution dated March 7, the court also granted the motion to quash filed by Bautista and Viduya, dismissing the cases against them for the same reason of violating their right to speedy disposition of cases.
For more news and updates on legal and political affairs, visit Filipinokami.com.
