Coercion complaint vs Martinez dismissed

CEBU, Philippines - Due to technical violations ,the Sandiganbayan has dismissed the grave coercion complaint filed against former Bogo City mayor Celestino Martinez, Jr. and two others in relation to a standoff in Barangay Polambato, Bogo City, in May 2010 elections.

Associate Justice Geraldine Faith Econg of Special Fourth Division in concurrence with other associate justices ruled the rights of Martinez, former vice-mayor Santiago Sevilla, and Atty. Jose Carlo Martinez to speedy disposition of the case were violated.

"Wherefore, in view of the foregoing, although this Court finds probable cause for the issuance of the warrants of arrest against accused... In criminal case No. SB-15-CRM-0143, it is constrained to dismiss the same for being violative of their right to the speedy disposition of case lodged against them," the resolution read.

Earlier, accused filed an omnibus motion for judicial determination of probable cause, motion to quash and/or refer the case for investigation before the Sandiganbayan, questioning its finding of probable cause and charging them with grave coercion.

They claimed that their rights to speedy disposition of cases were violated since it took the Ombudsman's Office about four years and eight months to file the instant criminal actions against them.

Prosecution asserted that there was no attendant vexatious, capricious and oppressive delay since the filing of complaint was with the Prosecutor's Office before the matter was brought to the Office of the Ombudsman, and no plea was filed questioning the delay.

With the foregoing facts, Econg ruled that it was apparent from the affidavits of the parties and their witnesses during the conduct of preliminary investigation that the complainant, Representative Benhur Salimbangon and his party and their vehicles were limited, if not restricted, in their movements within Polambato road, but there was delay in the disposition of the case.

Section 12 of Article XI of the 1987 Constitution states that the Ombudsman and his Deputies as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials.

"It should be emphasized that the Omb-Visayas, OMB-ODO (Overall Deputy Ombudsman) and the other offices within the Ombudsman's Office did not conduct the preliminary investigation as this was completed by the Office if the City Prosecutor of Cebu, the Regional State Prosecutor of Region VII and the DOJ (Department of Justice). What the Ombudsman did was merely to review the findings of the DOJ, which the former affirmed through its review resolution," the resolution reads.

The resolution also stated that it took the Ombudsman four years to release its review resolution and file the information in court.

During the May 10, 2010 elections, Salimbangon and his group were allegedly prevented from moving their vehicles through Polambato Road by Martinez and his company.

Salimbangon claimed that they went to Barangay Polambato to check the reports that the Board of Election inspectors were issuing priority numbers only to the Martinez supporters.

Salimbangon said they were confronted by the accused, prompting them to leave the area to avoid conflict.

However, on their way out, their convoy was allegedly blocked by the cars of the Martinezes.

The complaint for grave coercion was filed before the Prosecutor's Office on May 17, 2010. On August 2, 2010, the Prosecutor's Office released a resolution finding probable cause.

A motion for reconsideration was filed and it was resolved on October 10, 2010. The accused claimed that they did not hear about the case despite repeated demands.

It was only on September 16, 2015, they found out that a review resolution was issued by the Office of the Ombudsman. —/JBB (FREEMAN)