Sandiganbayan junks graft case vs. ex-mayor Jed Mabilog

The Sandiganbayan has dismissed the graft case filed against former Iloilo City Mayor Jed Mabilog over alleged intervention in the awarding of a government contract to a towing services firm.

In a 25-page resolution promulgated August 12, the Sandiganbayan Third Division granted Mabilog’s motion to quash the information for violation of his right to speedy disposition of cases.

“It is indubitable that Mabilog’s constitutional right to speedy disposition of cases has been violated,” the anti-graft court said.

“As the Office of the Ombudsman has failed to discharge its burden of justifying the delay, the only appropriate and lawful remedy is the immediate and permanent dismissal of the present case against Mabilog,” it added.

Mabilog and others are accused of entering into a memorandum of agreement with 3L Towing Services allowing the latter to clamp and/or tow illegally parked vehicles in the city without competitive processes.

The Sandiganbayan said the preliminary investigation was attended by an inordinate delay, adding that the prosecution was not able to justify the delay in the filing of the information against Mabilog.

It noted that the complaint was filed against Mabilog in April 2015 and the Ombudsman Visayas received his counter-affidavit in August 2015.

The Ombudsman issued its consolidated resolution in March 2017, after which Mabilog filed his motion for reconsideration in October 2017.

In June 2019, the Ombudsman affirmed with finality its resolution and filed a case against Mabilog in March 2023.

“The information was thereafter filed after 9 months and 11 days. From the filning of Mejorada’s complaint up to the filing of the information with this court, there was a total lapse of 7 years, 10 months, and 7 days,” the Sandiganbayan said.

For its part, the Ombudsman attributed the delay to the distance between its office in Cebu City, which conducted the preliminary investigation, and its central office amid the coronavirus pandemic.

Though the Sandiganbayan said the prosecution was able to explain the delay in the issuing the resolution, it could not explain the delay in the filing of the case.

“It bears emphasis that the Office of the Ombudsman offered no convincing justification or explanation for its failure to file the subject information immediately,” it said.

“The transition period between the retirement of former Ombudsman Carpio-Morales and the assumption of former Ombudsman Martires cannot be used as a justification for the delay in the filing of the information as it was former Ombudsman Martires who signed the information,” it added.

The anti-graft court stressed that an accused has no duty to bring him to trial.

The court also recalled and set aside the hold departure order issued against Mabilog. It ordered his bail bond released.

“While the court acknowledges that the quashal of the information as against accused Mabilog may potentially bear upon accused Nava, whose case has already been submitted for decision, the court shall refrain from making a definitive ruling on this matter,” it said.

“In the interest of due process and orderly procedure, the court shall await the proper motion that accused Nava may file, as well as the comment or opposition thereto by the prosecution, before determining the effect of this resolution on his case,” it added.

The decision was penned by Third Division chairperson Karl Miranda.

Associate Justices Ronald Moreno and J. Ermin Miguel dissented. —LDF, GMA News