The Sandiganbayan has affirmed its ruling that denied the motion of former Maguindanao Gov. Datu Sajid Islam Uy Ampatuan to dismiss “for inordinate delay” the graft and malversation charges filed against him on the alleged irregular implementation of the P500 million farm-to-market roads in 2009.
Sought to be reconsidered by Ampatuan in his March 8, 2022 motion was the Sandiganbayan’s Feb. 22, 2022 resolution which junked his motion to dismiss the charges.
He insisted that there was “unreasonable length of time” before the prosecution filed the charges against him and, thus, he was denied his right to speedy disposition of cases.
He pointed out that the anti-graft court was wrong in its ruling that he suffered no undue injury. He also said his witnesses are no longer available and most of the documents needed for his defense can no longer be found.
However, the anti-graft court found his arguments "unmeritorious."
"The accused-movant merely claims that his witnesses are no longer available without any supporting factual basis," the court said in a resolution issued last April 43. “Notably, he has not even mentioned the names of these supposed potential witnesses,” it said.
On Ampatuan's claim of inordinate delay, the court stressed that the Ombudsman's duty is to promptly act on complaints brought before its office. However, it should not be "mistaken with a hasty resolution of cases," and there should be a balance between effectively prosecuting crimes and the right of the accused to speedy disposition of cases, it said.
Presiding Justice Amparo M. Cabotaje-Tang wrote the resolution with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.