ILOILO City – The Sandiganbayan First Division dismissed the four counts of graft charges filed against Vice Mayor Rufino Palabrica III of Dingle, Iloilo, citing the violation of the official’s right to a speedy disposition his cases.
Palabrica was charged with violating Section 3(h) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) for allegedly using a dummy in a construction company to bag construction projects of the municipal government of Dingle.
In a resolution dated May 28, 2018, the Sandiganbayan also granted the Motion to Quash and/or Dismiss and to Defer Arraignment, dated March 27, 2018, of Palabrica.
“Considering the declaration that the accused’s right to a speedy disposition of his cases had been violated due to the inordinate delay in the conduct of the preliminary investigation, the court deems it no longer necessary to discuss the rest of the issues raised,” the resolution read.
It was signed by Chairperson/Associate Justice Efren N. De La Cruz and concurred by Associate Justices Geraldine Faith A. Econ and Edgardo M. Caldona.
The arraignment of the accused set on June 8, 2018 was also ordered cancelled.
On Feb 28, 2018, the Court of Appeals also junked the administrative charge filed against the vice mayor relative to the case.
It was the Ombudsman’s Field Investigation Office that filed the administrative complaint against Palabrica way back when the respondent was still the municipal mayor (2007 to 2010).
It claimed Palabrica used a dummy for his and his wife Theresa’s Tri-B Marketing construction company between 2007 and 2009.
On paper, it appeared that the owner of Tri-B Marketing was Eden Castañeda but according to the Ombudsman Field Office, she was a household helper of the Palabricas.
In dismissing the criminal aspect of the case against Palabrica, the Sandiganbayan was convinced that the Ombudsman conducted the preliminary investigation unjustifiably longer than necessary.
“The foregoing preliminary investigation timeline discloses that, indeed, the Ombudsman devoted close to eight years to conclude the preliminary investigation, reckoned from the filing of (Cornelio) Pedregosa’s complaint on Sept. 14, 2009, to the approval of the Ombudsman of the Joint Order on May 24, 2017 for the filing of present Informations before this Court,” the resolution read.
It added that the OMB utilized another eight months from the approval to file the Information on Jan. 28, 2018.
“The Court is not convinced that the delay in the preliminary investigation is justified by the gathering of documents to ascertain the financial capacity of Castañeda. The records will bear out that the Ombudsman already did its documentary evidence gathering as early as 2009, as evidence by the dates indicated in these documents,” it added.
Palabrica welcomed the ruling of the anti-graft court.
“Very happy gid. Maski sin-o man nga may criminal case ma-bother gid. So kay na-dismiss, it’s a big relief sa akon,” said Palabrica./PN
