Malversation case vs. ex-Oriental Mindoro mayor dismissed

The Sandiganbayan has ordered the dismissal of the malversation case against former Bongabong, Oriental Mindoro Mayor Hercules Umali due to inordinate delay in the preliminary investigation of his case.

In a 10-page resolution dated July 26, the First Division said it grants Umali's motion to dismiss the case lodged against him over his alleged misuse of money intended for the purchase of food for a town meeting in 2007.

Umali's co-accused, then-municipal accountant Raquel De Castro, also secured the dismissal of her case.

The prosecution had accused Umali and De Castro of taking advantage of their official positions and misappropriating P34,560 for food for attendees of the 2008 Annual Investment Plan Meeting held on August 6, 2007.

Umali argued it took the Office of the Ombudsman six years to file the case at the Sandiganbayan on May 4, 2018 from the time complainant Leonisa Cacha sued him in 2009 and the findings of the National Bureau of Investigation.

The Sandiganbayan agreed with Umali, saying the Ombudsman spent five years and four months to complete its preliminary probe in the case. It said the finding of probable cause alone took the anti-graft body four years and six months despite the NBI recommendation.

The Sandiganbayan said that the prosecution's claim that Umali's case needs a thorough investigation is a "lame excuse" since there are no complex issues and voluminous documents involved.

"Of course, the Ombudsman had to also make its own independent study and assessment of the case, but with the NBIs report laying the groundwork, the task before the Ombudsman had become less tedious and complicated," the resolution read.

"Thus, the Court finds, and so holds, that the unjustified excessive delay in the preliminary investigation is oppressive, vexatious and capricious in the context of the circumstances surrounding the case,” it added.

Division chairperson Associate Justice Efren dela Cruz penned the resolution, with the concurrence of Associate Justices Geraldine Faith Econg and Edgardo Caldona. — BM, GMA News