Ombudsman appeals acquittal of Devanadera

State prosecutors have asked the Sandiganbayan to reconsider its decision dismissing the graft case against former solicitor general Agnes Devanadera for her supposed role in the allegedly anomalous P6.1-billion settlement deal between the Philippine National Construction Corp. (PNCC) and a private firm in 2006.

In a 15-page motion for reconsideration, ombudsman prosecutors said the anti-graft court’s First Division erred when it granted Devanadera’s petition to dismiss the case due to inordinate delay in investigating the complaint.

“The prosecution maintained that there is no inordinate delay in the instant case...the prosecution was able to explain the delay in the conduct of preliminary investigation and based on the timeline of the case, the delay should be considered reasonable and hardly inordinate,” the motion read.

In a resolution promulgated on May 16, the Sandiganbayan said Devanadera’s constitutional right to speedy trial was violated by the Office of the Ombudsman when it took the agency more than six years to probe the complaint filed against her and the other defendants by former PNCC president Luis Sison in October 2010.

The ombudsman indicted Devanadera and 18 others for graft on Nov. 25, 2016.

“Although the complaint was filed in October 2010, the Office of the Ombudsman conducted a fact-finding investigation to verify the veracity of the allegation,” the prosecution argued.

State prosecutors maintained that the period of formal investigation by the ombudsman commenced only after Devanadera filed her counter-affidavit.