By Czarina Nicole Ong
The Sandiganbayan Second Division has cleared Remigius Mayled, carpenter general foreman of the Office of the Municipal Engineer of Maitum, of his two falsification charges after it granted his petition for certiorari.
He was charged for violating Article 171, in relation to 172 of the Revised Penal Code (RPC), also known as Falsification of Public Documents on June 11, 1998 for lying in his Professional Regulation Commission (PRC) certification and personal data sheet on May 26, 1994.
He stated that he obtained a passing grade of 73 percent in the civil engineering board examination held on May 26 to 29, 1993 in Manila. However, the truth was that he only obtained a grade of 45.7 percent in the examination.
He pleaded not guilty during his arraignment on February 25, 1999. He filed a motion to dismiss and a motion for reconsideration before Regional Trial Court (RTC) 38 of Alabel, Sarangani headed by Presiding Judge Bill Lugo Ybarley, stating that his right to speedy trial was violated. However, his motions were denied.
In turn, Mayled filed a petition for certiorari before the Sandiganbayan and stated that Ybarley “acted with grave abuse of discretion amounting to lack of jurisdiction” when his motions were dismissed.
He said there were indeed delays in the conduct of hearing and proceedings of his case. To be exact, Mayled said “unnecessary delays” took up 10 years and four months.
For its part, the Sandiganbayan sided with Mayled and agreed that his right to speedy trial and disposition of cases was violated. “The Court rules that respondent Judge committed grave abuse of discretion equivalent to lack of jurisdiction,” the 10-page resolution read.
“As it is, the issuance by respondent Judge of the assailed Orders demonstrated abuse of discretion that was so patent and gross amounting to an evasion of a positive duty, or to a virtual refusal to perform a duty enjoined by law, or to act in contemplation of law,” it added.