‘Stop dismissing cases over trial delays’

MANILA, Philippines - The Office of the Ombudsman has sought relief from the Supreme Court (SC) against the dismissal of the cases it filed before the Sandiganbayan over supposed delays in resolving the complaints.

In a 16-page motion dated March 24, the Office of the Special Prosecutor asked the high tribunal to stop the anti-graft court from applying the inordinate delay doctrine pending a ruling on its earlier petition seeking clarification on the “contours, extent and delimitations” of the doctrine.

The ombudsman filed the motion amid the dismissal of several cases filed against former and incumbent officials, particularly in connection with the 2004 fertilizer fund scam.

The Sandiganbayan said the ombudsman violated the constitutional right of the respondents to a speedy resolution of the cases due to the “capricious, vexatious and inordinate” delay in finishing the investigation before filing the cases in court.

Among the fertilizer scam cases recently dismissed were those filed against Masbate Gov. Antonio Kho, former senator Lito Lapid, former Antique governor Salvacion Perez and former congressmen Eduardo Zialcita of Paranaque, Antonio Cuenco and Antonio Yapha Jr. of Cebu as well as Abraham Kahlil Mitra of Palawan.

The ombudsman slammed the Sandiganbayan over its “unrealistic” appreciation of the progress of corruption cases.

“Sandiganbayan’s dismissal of cases on the ground of inordinate delay has progressively been premised on overly strict and almost unrealistic standards,” the ombudsman motion read.

The Sandiganbayan is violating the people’s right to prosecution of criminals with the imposition of its standards on how fast a complaint should be resolved, unmindful of the challenges and limitations that investigating bodies are facing, it added.

The ombudsman cited the “enormous workload, understaffing, voluminous evidence...and dilatory maneuverings of the counsel of the litigants.”

“The refusal of the…Sandiganbayan to acknowledge the ombudsman’s limitations is bordering on the unfair and unjust. The intervention of the …Supreme Court sitting en banc is needed to correct this imbalance and preserve the orderly administration of justice,” the ombudsman said.

Disbarment case

Meanwhile, Ombudsman Conchita Carpio-Morales lauded the swift dismissal of the disbarment case recently filed against her by former Manila councilor Greco Belgica.

In a statement sent via email, Morales, who is attending a forum in Washington, said the dismissal of the complaint “was expected.”

 She said she appreciates the immediate and decisive action of the SC.

Belgica said Morales violated the lawyer’s oath and the Canon of Professional Responsibility when she cleared former President Benigno Aquino III of criminal liability in the implementation of the controversial Disbursement Acceleration Program despite being the principal accused.

The SC ruled in full session to junk the complaint only two days after it was filed on March 24.

The high tribunal said Morales could not be disbarred while in office because she is an impeachable official.