The Sandiganbayan denied anew the plea of former Mayor Voltaire Anthony C. Villarosa of Mamburao, Occidental Mindoro to dismiss the criminal case filed against him for alleged inordinate delay.
Villarosa was charged with violations of the Anti-Graft and Corrupt Practices Act in relation to the Tax Reform Code of 1997.
The anti-graft court had dismissed his first motion to dismiss the charges. He filed a motion for reconsideration.
He had earlier told the court that the preliminary investigation by the Office of the Ombudsman (OMB) on the charges filed against him took more than three years to terminate. While the complaint was filed against him on Aug. 29, 2018, the charges against him were filed only on May 6, 2022, he said.
He pointed out that his case is not complicated and should not have required more than three years to resolve. He added that he was even denied his right to due process because he and his counsel were not furnished a copy of the Ombudsman’s resolution. Because of this, he said, he was not given a chance to file his motion for reconsideration.
In denying his first motion, the court said: “Here, there is nothing to show that the investigation was motivated by malice or that it was brought about merely to harass herein accused.”
In filing his motion for reconsideration, Villarosa reiterated his arguments. Again, he told the court that his right to speedy disposition of cases was violated given the length of time it took to file the charges against him.
In denying his motion for reconsideration, the court that the motion was filed out of time since it was filed only last July 19 while the allowable period was only until July 18.
The court also said:
“The accused’s s Motion for Reconsideration may be denied outright on such ground alone, but even on the merits, the said Motion must still be denied.
“The delay is not overly long for the same to be considered vexatious, capricious, and oppressive. Furthermore, as held in the assailed Resolution, the accused has not alleged, much less, shown how he was prejudiced by the delay.”
Sixth Division Chairperson Sarah Jane T. Fernandez wrote the 11-page resolution with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.