The Sandiganbayan has dismissed the graft charge filed against six former councilors of Olongapo City for violation of their right to speedy disposition of cases.
Dismissed was the graft case filed against former councilors Eduardo G. Guerrero, Edna A. Elane, Alruela Bundang-Ortiz, Emerito Linus D. Bacay, Benjamin G. Cajudo II, and Elena Calma Dabu.
They, together with then Olongapo City mayor Rolen C. Paulino – now chairman of the Subic Bay Metropolitan Authority (SBMA) – were charged in the alleged irregular lease of the city’s Civic Center to SM Prime Holdings, Inc. from 2014 to 2015.
The prosecution accused them of taking advantage of their positions by fast-tracking, “with undue haste,” the lease and development of the Civic Center contract without complying with the provisions of Republic Act No. 6957 -- the law on Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector -- as amended by RA 7718 and its Implementing Rules and Regulations (IRR).
The charge against Paulino had earlier been dismissed on the same violation of his right to speedy disposition of cases.
The dismissal of the graft case against the six former councilors was contained in a resolution that was handed down last Feb. 2.
In seeking the dismissal of the criminal charge, the former councilors told the Sandiganbayan that it took the Office of the Ombudsman (OMB) six years to resolve the complaint which was, thereafter, filed before the anti-graft court.
The court agreed with their contention as it ruled that there was inordinate delay in the investigation of the complaint which resulted in “serious prejudice” to the accused.
"The financial strain and losses they and their families have suffered continue to pile up at an accelerating rate, as illustrated by accused's individual claims and assertions in their Omnibus Motion. These, to the eyes of the Court, are serious prejudice in view of the unjustified delay incurred by the Office of the Ombudsman," the resolution written by Associate Justice Lorifel L. Pahimna stated.
Sandiganbayan’s Fourth Division Chairperson Michael Frederick L. Musngi and Associate Justice Bayani H. Jacinto concurred in the resolution.
TAGS: #Sandiganbayan #Olongapo City ex-councilors