Former state college president acquitted of graft

Former Davao Oriental State College of Science and Technology (DOSCST) President Jonathan Bayogan has been cleared by the Sandiganbayan Fifth Division of his single graft charge in relation to the reportedly anomalous purchase of medical supplies back in 2006.

Bayogan stated in his motion to dismiss that his constitutional right to speedy disposition of case has been violated, since it took the Office of the Ombudsman over six years to conclude the preliminary investigation against him.

Even though the complaint was filed before the Office of the Ombudsman on November 29, 2011, the charge sheet against him only reached the Sandiganbayan on January 12, 2018.

The prosecution disputed his claim and argued that there was no inordinate delay, since there was “no jeopardy” held against Bayogan. Upon their computation, the preliminary investigation only took one year and five months in total, since it took into consideration the time it took for Bayogan to file his counteraffidavit, among many other things.

But upon the court’s computation, the real length for the preliminary investigation was more than four years. That is enough time, in the court’s eyes, to count as inordinate delay.

“Simply put, it is not the sheer length of time that elapsed that is solely to be considered in determining a violation of right to speedy case disposition, but the totality of the facts of the case,” the resolution read.