Sandiganbayan ex-Abra mayor’s bid to junk charges over funds misuse

The Sandiganbayan has denied the bid of the former mayor of Licuaan-Baay, Abra to dismiss his criminal case over the alleged illegal use of public funds for the rehabilitation of the municipal hall.

In a resolution dated November 9, the Sixth Division denied the quashal motion of former Mayor Christopher Leones Millare Sr. after he filed his request two months since his arraignment.

An accused is only allowed to file motions to dismiss or quash before the formal reading of charges.

"From the foregoing, Millare's motion for quashal of the informations two months after his arraignment no longer merits consideration. Accordingly, his motion should be dismissed outright," the Sandiganbayan said.

The Sandiganbayan said the motion of Millare still deserves to be junked based on the merits.

Millare was charged for two counts of illegal use of public funds over his alleged unlawful disbursements of P1.2 million and P2 million in 2011 and 2012, respectively, for the rehabilitation of the Licuaan-Baay town hall.

The money supposedly by Millare for the project came from local government's development fund, or the fund meant to spur economic and social development of an LGU.

Millare raised the issue of inordinate delay, claiming it took the Office of the Ombudsman seven years to formally indict him at the Sandiganbayan.

However, the Sandiganbayan said the former local chief executive failed to invoke his right to speedy disposition of cases on time.

"No overt act showed that Millare asserted his right at the earliest opportunity by filing an urgent motion to expedite the probe. He asked for a 45-day extension for the filing of his counter-affidavit. Curiously, he never did," it said.

The Sandiganbayan also said there is no proof Millare was persecuted nor oppressed during the supposed delay. It said the period is also justified to allow the Ombudsman to build up its case. —NB, GMA News