The Sandiganbayan has dismissed the criminal charges filed against businesswoman Janet Lim Napoles, her employee, and four former officials of the Department of Agriculture (DA) in the alleged misuse of the Priority Development Assistance Fund (PDAF) in 2004 due to "vexatious, capricious, and oppressive" delay incurred by the Office of the Ombudsman (OMB).
The motion to dismiss filed by Napoles, her employee Evelyn D. De Leon, former DA assistant regional director Edgardo D. Dahino, former budget officer Merylinda B. Santos, former administrator and finance officer Jessica Da-An, and former accountant Gerry L. Leop was granted by the anti-graft court in a resolution issued last Oct. 27.
"The Court finds that there was a total delay of six years and three months reckoned from the filing of the complaint from Feb. 10, 2017 up to the filing of the Information (criminal charge) on May 18, 2023," the anti-graft court said.
"Notably, the Information was only filed before the Sandiganbayan after four years and five months from the approval by the Ombudsman of the Joint Order denying their Motion for Reconsideration," it said.
The court pointed out that the "unreasonable delay" in the filing of the criminal charges cannot be attributed to the ordinary processes of justice.
"Given the unjustified passage of a long time in the filing of the Information, their right to the speedy disposition of their cases was violated. Consequently, the complaint filed against them should be abated and dismissed," it ruled.
Meanwhile, the charges against their co-accused, Rodel C. Pontillas, have been ordered archived pending his arrest.
They were charged in connection with the agricultural project entered into by the municipality of Del Carmen, Surigao del Norte with Philippine Social Development Foundation, Inc., a non-government organization (NGO) owned by Napoles.
The court's resolution did not state whose PDAF of a legislator was used in the transaction.
Napoles, who is currently detained at the Correctional Institution for Women (CIW) in Mandaluyong City, has already been convicted in six cases before the Sandiganbayan.
She had been acquitted in two PDAF cases.