The Sandiganbayan has affirmed its ruling that denied the motion of former Department of Agrarian Reform (DAR) Secretary Nasser C. Pangandaman and three others to dismiss the P900 million graft and malversation charges against them for alleged violation of their right to speedy disposition of cases.
Aside from Pangandaman, also charged were former DAR Director Teresita L. Panlilio, Chief Administrative Officer Ronald De Juan Venancio, and Chief Accountant Angelita V. Cacananta/
They were accused of diverting P900 million from the Malampaya fund to fake non-government organizations in 2009.
The Malampaya fund was supposed to be used to help farmers who were affected by Typhoons Ondoy and Pepeng. However, Pangandaman and his co-accused reportedly diverted the funds to the alleged fake non-government organizations (NGOs) headed by businesswoman Janet Lim Napoles.
All the accused claimed that their constitutional right to speedy disposition of cases has been violated by the Office of the Ombudsman (OMB).
Denying their motion, the Sandiganbayan said:
"Taking into consideration the overall circumstances of this case as earlier discussed in the Court's Resolution, whatever delay incurred in the proceedings cannot be taken against the prosecution because institutional delay, in the proper context, should not be taken against the State.
"Consequently, inordinate delays likewise make it difficult for the prosecution to perform its duty to prove the guilt of the accused beyond reasonable doubt when the case is filed in court, thus, it is not only the respondent who stands to suffer prejudice from any delay in the investigation of his case," it said.