Graft raps vs Lopez dismissed
June 22, 2002 | 12:00am
After more than 12 long years of unreasonable delay, the Sandiganbayan finally dismissed the graft charges filed by the Philippine Amusement and Gaming Corp. (Pagcor) against former Manila Mayor Gemiliano "Mel" Lopez Jr. for closing down two casinos in the city in January 1990.
Justice Teresita Leonardo-de Castro said the Office of the Special Prosecutor, which is under the Office off the Ombudsman, miserably failed to comply with their October 1991 order to finish a reinvestigation of the Lopez case in a month.
"Under the circumstances, the constitutional prohibition against unreasonable delay, which obtains in this case, compels the court to wield its authority to dismiss the case," she stated in the eight-page decision she wrote.
De Castro, whose ruling was concurred in by fellow Third Division Justices Anacleto Badoy Jr. and Nicodemo Ferrer, highlighted the fact that even until now, the OSP failed to comply with their February 1999 order for them to finish the reinvestigation.
Special Prosecutor Wendell Barreras-Sulit explained that while she appeared in court several times to oppose Lopez’s travel abroad, the case was not "formally assigned" to her and that she was "not familiar" with it. She added she only knew of the Lopez case when she talked to Special Prosecutor Leonardo Tamayo.
The anti-graft court held that the OSP "may not conveniently avoid such responsibility by passing the blame to a particular prosecutor."
"The delay in the termination of the reinvestigation was admittedly due principally to the lapses in the procedures in the assignment of cases to the prosecutors," the court stated, as it ordered Lopez’s bailbond "returned" and his hold departure order "lifted."
"The reinvestigation of this case, or any other case pending reinvestigation, is a collective responsibility of the entire prosecution office," the Sandiganbayan added, as it assailed the OSP for "belatedly" seeking extension twice of their order.
Lopez, for his part, said he was "relieved" on hearing the news, after 12 years. "The charge was a big nuisance for me and my family because I had to get a court clearance every time I traveled abroad."
In a statement, he said he closed down the two casinos, one along Roxas Boulevard and the other along UN Avenue, because they were "violating zoning laws, being located within 200 meters of a school zone." – Delon Porcalla
Justice Teresita Leonardo-de Castro said the Office of the Special Prosecutor, which is under the Office off the Ombudsman, miserably failed to comply with their October 1991 order to finish a reinvestigation of the Lopez case in a month.
"Under the circumstances, the constitutional prohibition against unreasonable delay, which obtains in this case, compels the court to wield its authority to dismiss the case," she stated in the eight-page decision she wrote.
De Castro, whose ruling was concurred in by fellow Third Division Justices Anacleto Badoy Jr. and Nicodemo Ferrer, highlighted the fact that even until now, the OSP failed to comply with their February 1999 order for them to finish the reinvestigation.
Special Prosecutor Wendell Barreras-Sulit explained that while she appeared in court several times to oppose Lopez’s travel abroad, the case was not "formally assigned" to her and that she was "not familiar" with it. She added she only knew of the Lopez case when she talked to Special Prosecutor Leonardo Tamayo.
The anti-graft court held that the OSP "may not conveniently avoid such responsibility by passing the blame to a particular prosecutor."
"The delay in the termination of the reinvestigation was admittedly due principally to the lapses in the procedures in the assignment of cases to the prosecutors," the court stated, as it ordered Lopez’s bailbond "returned" and his hold departure order "lifted."
"The reinvestigation of this case, or any other case pending reinvestigation, is a collective responsibility of the entire prosecution office," the Sandiganbayan added, as it assailed the OSP for "belatedly" seeking extension twice of their order.
Lopez, for his part, said he was "relieved" on hearing the news, after 12 years. "The charge was a big nuisance for me and my family because I had to get a court clearance every time I traveled abroad."
In a statement, he said he closed down the two casinos, one along Roxas Boulevard and the other along UN Avenue, because they were "violating zoning laws, being located within 200 meters of a school zone." – Delon Porcalla
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