Case dismissal bids from accused in Malampaya fund scam rejected

The Sandiganbayan stood pat on its decision to deny the pleas of some of the individuals allegedly involved in the Malampaya fund scam to dismiss the graft and malversation charges against them.

In a resolution dated June 21, the anti-graft court's Fifth Division dismissed the appeals of former Department of Agrarian Reform Secretary Nasser Pangandaman and ex-DAR director Teresita Panlilio, as well as former DAR chief administrative officer Ronald Venancio and former DAR chief accountant Angelita Cacananta to reconsider the junking of their motions to quash.

It then made the decision to proceed with the arraignment, which was set for June 24.

All four accused had argued that their right to speedy disposition of cases was violated by the Office of the Ombudsman, citing inordinate delay.

However, the Sandiganbayan said the motions failed to raise "substantial and/or compelling matters" to warrant the reconsideration of the court's May 12, 2022 resolution.

"As previously discussed, the voluminous records representing numerous transactions speak for themselves, and the Court recognizes that the prosecution's claim of such volume was not unfounded. The Court, however, cannot assume anything as to why the Ombudsman had not filed the information in court after concluding the preliminary investigation," the resolution, which was written by Associate Justice Rafael Lagos, read. 

"But taking into consideration the overall circumstances of this case...whatever delay incurred in the proceedings cannot be taken against the prosecution because institutional delay, in the proper context, should not be taken against the State," it added.

Pangandaman and several other individuals were accused of illegally diverting P900 million from the Malampaya fund to bogus non-government organizations linked to convicted plunderer Janet Napoles.

The funds were supposed to be used for relief operations, rehabilitation, and reconstruction of areas devastated by tropical cyclones Ondoy and Pepeng. —VBL, GMA News