Sandigan junks charges vs ex-Antique mayor
The Sandiganbayan has dismissed the graft and malversation charges filed against a former mayor of Buenavista town in Antique due to the inordinate delay in the investigation by the Office of the Ombudsman.
In an eight-page resolution released yesterday, the anti-graft court’s first division granted the motion of Fernando Corvera and former acting municipal accountant Antonio Tordesillas to dismiss the cases.
“After a thoughtful examination of the facts and circumstances… the court is convinced that the Office of the Ombudsman conducted the preliminary investigation with inordinate delay in violation of the right of accused… to speedy disposition of their cases,” the ruling penned by Associate Justice Efren de la Cruz read.
The ombudsman issued a resolution finding probable cause to file charges against Corvera and Tordesillas only on June 25, 2015, almost three years after a complaint was filed by a certain Carlos Marquez on Nov. 15, 2012, the Sandiganbayan said.
The ombudsman filed the charges only on Oct. 13, 2017.
“The court finds no... plausible explanation on why it took the ombudsman almost five years to make a finding of probable cause,” the Sandiganbayan said. “The facts and issues in these cases are very simple...Nor do the cases involve voluminous records or intricate documents.”
The cases stemmed from Corvera’s alleged failure to liquidate cash advances from 1999 to 2007 amounting to P685,477 despite repeated demands from the municipal government.
The ombudsman said Tordesillas conspired with Corvera in certifying that the advances were supported with documents.