By Czarina Nicole Ong-Ki The Sandiganbayan Seventh Division has junked the motion to quash filed by former Tanudan Mayor Francisca P. Cawi of Kalinga, who is facing a malversation charge for allegedly misappropriating P2.9 million worth of public funds. In a 27-page resolution, the anti-graft court ruled that it is "too radical a relief" for it to junk the criminal charge of Cawi. From June 2004 to June 2007, Cawi was accused of abusing and taking advantage of her official position when she obtained custody of Landbank of the Philippines checks issued in her name with the total amount of P2,905,243.83. These checks represented cash advances received from the coffers of Tanudan, supposedly to defray expenses and municipal obligations. However, Cawi failed to liquidate the account despite demands for her to do so. She earlier argued that the information filed against her is vague and that her constitutional right to be informed of the nature and cause of the accusation against her has been violated. However, the anti-graft court disagreed. "We find that the damage and prejudice to the government, which was simply alleged in the Information to be in the total amount of P2,905,243.83, was sufficient for the purpose of stating the ultimate fact thereof. Its particulars are evidentiary facts which may be supplied during the trial," the resolution read. Cawi further argued that her constitutional right to speedy disposition of case has been violated, since it took a total of eight and a half years from the preliminary investigation of the case until the filing of the Information. But the court said this does not, by itself, entitle Cawi to the dismissal of the case. "A mere mathematical reckoning of the time involved is not sufficient. Particular regard must be taken of the facts and circumstances peculiar to each case. For this reason, a balancing test must of applying societal interests and the rights of the accused necessarily compels the court to approach speedy trial cases on an ad hoc basis," the resolution stated. The Sandiganbayan further stressed that the right to speedy disposition should not deprive the state, or the prosecution, of its inherent prerogative to prosecute criminal cases or "generally in seeing to it that all those who approach the bar of justice is afforded fair opportunity to present their side." The 27-page resolution was penned by Associate Justice Zaldy Trespeses with the concurrence of Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Georgina Hidalgo.