Sandiganbayan junks criminal cases vs ex-Surigao del Sur mayor
The Sandiganbayan has dismissed the criminal cases filed against former mayor Librado Navarro of Bislig City in Surigao del Sur due to inordinate delay in the conduct of the preliminary investigation by the Office of the Ombudsman (OMB).
In a resolution dated August 4, the anti-graft court granted the omnibus manifestation and motion to quash filed by Navarro as it found that his right to speedy disposition of cases has been violated.
Navarro was charged with 23 counts of violation of Article 220 of the Revised Penal Code or Illegal Use of Public Funds due to the anomalous disbursement of P131,887.41 from the city's Special Education Fund, which the prosecution said went to the cash advance of travel expenses, repairs of equipment and vehicle, office supplies, fuels, and other miscellaneous expenses.
He told the anti-graft court that it took the OMB in Mindanao seven years, seven months, and 10 days from the time the complaint was filed on Feb. 1, 2016 until the finding of probable cause on Sept. 11, 2023 or a total of eight years, three months, and 29 days until the charges were formally filed before the Sandiganbayan on May 30, 2024.
In its resolution, the court said the OMB-Mindanao failed to show proof that it needed more time to evaluate records obtained during the fact-finding investigation.
Even if there were 23 transactions involved, the court said these were all "simple cases... which do not require elaborate investigation and scrutiny" especially as it involved only small amounts.
Thus, it said, the delay in the investigation and filing of the charges against Navarro was "unreasonable, vexatious, capricious, oppressive, excessive, and violated his right to speedy disposition of cases."
The 10-page resolution was written by Third Division Chairperson Associate Justice Karl B. Miranda with the concurrence of Associate Justices Ronald B. Moreno and Kevin Narce B. Vivero.