Sandigan acquits 2 ex-Eastern Samar officials of graft charges
The Sandiganbayan has acquitted two former Eastern Samar officials of their graft charges for violation of their right to speedy disposition of cases.
Cleared of two counts of graft charges were former provincial accountant Vener Tabuena Dulfo and project development officer Samson Chua Nervez.
They were co-accused of former Eastern Samar congressman Marcelino C. Libanan and former Eastern Samar governor Clotilde J. Salazar in the alleged anomalous purchases of P6.4 million worth of soil activators in 2004.
The anti-graft court said that on Dec. 5, 2022, the Supreme Court (SC) had dismissed the case against Libanan, Salazar, and their other co-accused.
It said that while Nervez and Dulfo were not parties in the SC ruling, they are still similarly situated with the other accused whose right to speedy disposition of their cases have been violated.
"They underwent the same preliminary investigation before the Office of the Special Prosecutor (OSP) which the SC characterized to have been attended with inordinate delay. Records also show that they have timely invoked their right to speedy disposition of cases," the Sandiganbayan pointed out.
"In view of the foregoing, Nervez and Dulfo are hereby entitled to an acquittal as a matter of course," it ruled.
The 39-page decision dated May 28, 20924 was written by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.