Title
Daep vs. Sandiganbayan, 4th Division
Case
G.R. No. 244649
Decision Date
Jun 14, 2021
Public officials charged with graft over irregular fertilizer procurement; Supreme Court ruled no inordinate delay, upholding Sandiganbayan's decision.
A

Case Digest (G.R. No. 244649)

Facts:

Petitioners Carmencita C. Daep, Ameife L. Lacbain, Arnold B. Calcina, and Ernesto M. Millena were charged before the Sandiganbayan—Fourth Division with violation of Section 3(e) of R.A. No. 3019, as amended, for acts committed, in the Information, from March to April 2004 or sometime prior or subsequent thereto, in the Municipality of Manito, Province of Albay, within the Sandiganbayan’s jurisdiction. The Information alleged that, while acting in their official capacities and taking advantage of their positions, petitioners caused undue injury to the government and gave unwarranted benefits to Hexaphil Agriventures, Inc., by awarding a contract through direct contracting for the purchase of four thousand two hundred eighty-five bottles of Hexaplus liquid fertilizer at P700.00 per bottle, and by causing the disbursement of public funds in the amount of P2,999,500.00, notwithstanding alleged ineligibility and other procurement irregularities connected with the “Fertilizer Fund Scam” under the Department of Agriculture’s GMA Program. On August 16, 2016, petitioners filed an Urgent Motion for Judicial Determination of Probable Cause, also invoking—among other arguments—that the complaint should be dismissed due to alleged delay and claiming that the complaint was filed on May 16, 2011, counter-affidavits were filed on September 12, 2011, but the Office of the Ombudsman issued its Resolution only on October 22, 2014, which they alleged was an unreasonable delay violating their rights to due process and speedy disposition of cases. The Sandiganbayan denied the Urgent Motion in a Resolution dated February 1, 2017, finding probable cause and holding there was no inordinate delay, explaining that although the Ombudsman took approximately three (3) years to conduct the preliminary investigation, the prosecution justified it due to the complex issues, voluminous documents, and various witnesses. Petitioners’ Motion for Reconsideration was denied on April 6, 2018. On June 14, 2018, petitioners filed a Motion to Dismiss anew on the same constitutional ground, asserting that because the facts arose in 2004 and the complaint and Information were filed only in 2011 and 2016 respectively, dismissal was warranted; the Sandiganbayan denied the motion on October 16, 2018, noting it was the third motion raising the same inordinate-delay arguments, and denied reconsideration on November 27, 2018, prompting the People to file a Rule 65 petition before the Supreme Court.

Issues:

Whether petitioners’ constitutional right to speedy disposition of cases was violated such that the Sandiganbayan gravely abused its discretion in denying their Motion to Dismiss on the ground of inordinate delay.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.