Oca is off the hook, yet again

Mayor Moreno’s 3rd graft case was dismissed by the Sandigabayan due to ‘inordinate delay’

The Sandiganbayan First Division dismissed another case against City Mayor Oscar Moreno and former provincial government officials citing yet again “inordinate delay”.

Lawyer Dale Mordeno, the mayor’s lawyer said this is the 3rd case dismissed by the Sandigabayan out of Moreno’s 24 cases. Just last July this year, Moreno’s graft case was

dismissed for the same grounds.

In a 14-page decision promulgated on Tuesday, September 25, the Sandiganbayan noted that the Office of the Ombudsman took a “protracted amount of time to complete its preliminary investigation against the accused”.

Inordinate delay is a doctrine wherein if the case took too long investigating, it is considered a violation of the right of an accused to a speedy resolution.

The Court said based on the incidents culled from the records of cases, there was an inordinate delay in the resolution of the complaint lodged and in the conduct of the preliminary investigation.

Records show that complainant Antonio Nuñez filed the case in 2015. The anti-graft court said from the time the complaint was lodged, it took about 10 months for the Graft Investigation Prosecution Officer to make a finding.

It took also 4 months for the Ombudsman to issue a resolution finding probable cause to indict the accused. After the accused filed a consolidated joint motion, the Ombudsman another 4 months to file the information before the Sandiganbayan

“Three years elapsed counting from the filing of the initial complaint of Nuñez on February 5, 2015 until the Information was filed in Court on February 1,’2018,” the Sandiganbayan stated.

The Sandiganbayan insisted that the proceeding should not be “lengthy and elaborate” pointing out that its purpose is simply to find reasonable ground that the accused should stand the rigors of trial.

The bonds posted by the accused are ordered released by the court, while the Hold Departure Order (HDO) dated July 24, 2018 issued against them are set aside and declared functus officio or expired.

This case is part of the 24 graft cases filed by Nuñez against then provincial governor Moreno, and then provincial administrator Patrick Gabutina, acting provincial accountant Divina Bade, provincial budget officer Elmer Wabe, and assistant provincial engineer Rolando Pacuribot for the lease of an equipment supposedly done without public bidding.

The decision was rendered by Associate Justices Geraldine Faith Econg, Efren De La Cruz, and Edgardo Caldona.

Meanwhile, these 3 Sandiganbayan justices were in the city yesterday for the arraignment of Mayor Moreno and others at the Sandiganbayan 2nd Division. The hearing was set yesterday morning at the Hall of Justice.

Lawyer Mordeno however disclosed that the arraignment was deferred, on the grounds that the records of Moreno’s cases have yet to be consolidated.

“Gi-consolidate namo so na-granted ang consolidation, but ang problema kay ang actual transfer sa mga records from other divisions to 2nd division wala pa nahuman so dili kompleto ang records. Simultaneous arraignment is necessary because it is favorable to the accused kay bisan pa ug daghan ka ug kaso pero pag dunganon pag arraign, maisa raman imong not guilty plea,” Mordeno said.

“Another ground is that we have a pending motion to dismiss nga wala pa naresolve so on that ground kay naa paman pending, na defer ang arraignment,” he added.

This is the first time that the Sandiganbayan justices handling Moreno’s cases set the hearing in Cagayan de Oro.

“It’s the thrust of Sandiganbayan that they will hold out of town hearings for the convenience of the parties,” he added.

Moreno was however not at the Hall of Justice yesterday. Spotted by the media were only Patrick Gabutina and Engineer Rolando Pacuribot.