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Sandiganbayan junks falsification case of ex-Southern Leyte gov Mercado
The Sandiganbayan Fifth Division has junked the criminal charges filed against dismissed Southern Leyte governor Damian Mercado over his alleged false entries on his educational credentials.
In a 10-page resolution dated May 21, the Sandiganbayan granted Mercado's motion to quash his two counts of falsification of public document under Article 171 of the Revised Penal Code charges due to inordinate delay on the prosecution.
Mercado is accused of falsifying entries in his personal data sheet (PDS) and in his Elective Local Official’s Profile Directory (ELOPD) in 2010.
He supposedly stated in his PDS that he graduated from the University of Visayas (UV) with a Bachelor of Science degree in Civil Engineering despite knowing fully well that he neither enrolled in the university nor obtained his engineering diploma.
Mercado also allegedly failed to state in his PDS the year when he graduated from his elementary and secondary education at the Maasin Central School and the UV, respectively.
Mercado, in his quashal motion, questioned why it took the prosecution 10 years to complete its investigations and file the complaint against him with the Sandiganbayan.
He said his right to a speedy disposition of case was violated since his case is a simple one that does not involve voluminous documents and complicated facts and issues.
The Sandiganbayan agreed with Mercado and said the prosecution only had to verify his PDS and ELOPD entries.
"The task of the Ombudsman is simply to verify if indeed accused intentionally falsified his PDS and ELOPD by declaring that he was a Civil Engineer. The issue was overly simply enough that a prima facie determination should not have taken ten (10) long years to resolve," the Sandiganbayan said.
The Sandiganbayan also ordered the lifting of Mercado's hold departure order.
Division chairperson Associate Justice Rafael Lagos penned the resolution, with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Manalac.
