Sandigan denies plea of ex-Pampanga town mayor, 6 others to dismiss graft charges
The Sandiganbayan has denied the motion to dismiss the graft charges filed against former mayor Teddy C. Tumang of Mexico town in Pampanga and six other accused despite their insistence that their right to speedy disposition of cases had been violated.
Tumang, former Municipal Planning and Development coordinator Marlon L. Maniacup, Municipal Budget officer Lucila M. Agento, Municipal engineer Jesus S. Punzalan, Administrative officer V Luz C. Bondoc, Municipal agriculturist Romero C. Razon, and private individual and Buyu Trading and Construction owner William B. Colis, have been charged with two counts of violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
The first graft charge involved the amount of P31,095.20. The former municipal officials were accused of causing undue injury to the government when they awarded the contract for the supply of base coarse materials to Buyu Trading in December 2008 despite the company's "questionable capacity" as a supplier. The second graft charge, involving the same accused, was for the contract amounting to P192,888.
In their motion to quash, the accused said that the facts alleged in the charge sheet do not constitute an offense. They added that their rights to speedy trial and due process were violated because it took the Office of the Ombudsman almost six years from the filing of the complaint on Jan. 16, 2018 before filing the charges against them with the Sandiganbayan on Jan. 24, 2024.
However, the anti-graft court found no merit in their arguments as it ruled that the accused failed to seasonably assert their right to speedy disposition of cases. It said the accused only began to raise their concern on speedy disposition of cases after receiving the Ombudsman's resolution dated Oct. 20, 2023, which found probable cause to indict them.
During the five years since the complaint was filed before the Ombudsman, the accused failed to act which the anti-graft court "construed as acquiescing to the delay, and consequently, a waiver of their right to a speedy disposition of their case."
"All things considered, this Court finds that no inordinate delay was incurred in the resolution and termination of preliminary investigation and the subsequent filing of the Informations against the accused," the court's resolution stated.
The 10-page resolution was written by Associate Justice Maria Theresa V. Mendoza-Arcega with the concurrence of Fifth Division Chairperson Associate Justice Rafael R. Lagos and Associate Justice Maryann E. Corpus-Manalac.