City Condominium Project: Sandigan junks graft case vs Garcia

CEBU, Philippines – After over 12 years, former Cebu City Mayor Alvin Garcia and five other former city officials are cleared on graft cases filed against them over the alleged overpriced construction of a condominium project.

The Sandiganbayan dismissed the graft cases against Garcia and members of the Pre-qualification Bids and Awards Committee, namely, former city councilors Laurito Malinao, Rodolfo Cabrera and Rico Rey Holganza; city treasurer Eustaquio Cesa; and Pura Cimafranca, who is a private representative.

In a nine-page resolution, Associate Justice Samuel Martires said the "inordinate delay" by the Office of the Ombudsman in resolving the complaint against the public officials violated their constitutional right to speedy disposition of cases.

"The period of almost 13 years counted form the initiation of the complaint against the respondents amounts to no less than an inordinate delay in the conduct of proceedings before the Office of the Ombudsman. We find none from the records any acceptable justification for the long-drawn-out investigation of the complaints against the respondents," read part of the Sandiganbayan's resolution.

The case stemmed from a complaint filed before the Office of the Ombudsman in the Visayas in connection with the construction of a condominium project of the city government which was allegedly overpriced.

The anti-graft court granted the motion to dismiss filed by Holganza, who argued that the case was excessively delayed.

In his motion, Holganza said the preliminary investigation of the complaint took a period of 12 years and 10 months, thus, violating his constitutional right to speedy disposition of the cases.

On August 7, 2000, the Ombudsman ordered Holganza and other officials to submit their counter-affidavits.

It was on June 24, 2013, which is 13 years after the officials submitted their affidavits, when the Ombudsman filed the case before the Sandiganbayan.

The prosecution explained in its comment that the records of the cases originated from the Ombudsman-Visayas and are voluminous enough to require additional time for the handling prosecutor to take a fresh look on the case.

It added that the Office of the Special Prosecutor had to transfer its office from the Sandiganbayan building to the central office of the Ombudsman on Agham Road in Quezon City.

But the Sandiganbayan described the justification as "lame excuse."

The anti-graft court noted that the transfer was completed in only about three months and that there was still about two years, an ample time to review the case.

The former public officials were accused of violating the Republic Act 3019 (Anti-Graft and Corrupt Practices Act) for allegedly giving "unwarranted benefits" to local firm Octa Builders, Inc. that was awarded a P26.64-million contract for a medium-rise, low-cost infrastructure project "intended for the underprivileged constituents." —/JAD (FREEMAN)