Case Summary (G.R. No. 274922)
Factual Background
The case originated from a Complaint-Affidavit filed on December 13, 2017, by the Field Investigation Bureau of the Ombudsman against Tumang and Colis for violating the Anti-Graft and Corrupt Practices Act and malversation of public funds. The allegations included the purchase of construction materials by the Municipality of Mexico from Buyu, purportedly approved by Tumang through disbursement vouchers and checks despite the payments being disallowed by the Commission on Audit.
Proceedings in the Ombudsman
On February 7, 2018, Tumang and Colis were instructed to submit their Counter-Affidavits, which they did on February 28, 2018. A resolution was issued on November 20, 2018, finding probable cause to indict both parties, which passed through various levels of approval within the Ombudsman until March 28, 2019. However, their subsequent motions for reconsideration were only denied in April 2024, leading to the filing of Informations in court on April 25, 2024.
Motion to Quash
Prior to their arraignment, Tumang and Colis filed a Motion to Quash Informations and/or Dismiss the Cases on May 30, 2024. They claimed that the facts in the Informations did not constitute a crime, the Informations did not allege conspiracy, and their right to a speedy trial had been violated due to the lengthy preliminary investigation lasting over six years.
Sandiganbayan's Resolution
The Sandiganbayan granted the Motion to Quash on June 10, 2024, concluding that their right to a speedy disposition had been violated. It found the delay in the completion of the preliminary investigation, from December 2017 to April 2024, to constitute inordinate delay.
Petition for Certiorari
On August 9, 2024, the Office of the Ombudsman filed a petition for certiorari, contending that the Sandiganbayan had abused its discretion in recognizing the inordinate delay. The Ombudsman argued that the COVID-19 pandemic justified the delays and that the respondents had not invoked their right to a speedy disposition at any point during the investigation.
Court's Ruling on Certiorari Petition
The Supreme Court dismissed the petition, affirming the Sandiganbayan's conclusion of inordinate delay. It emphasized several principles regarding the right to speedy disposition, notably that the duration of delays, the reasons for such delays, and the invocation of the right must be assessed comprehensively. The Court found that the Ombudsman failed to justify the delay and that respondents had not waived their right to a speedy disposition.
Prejudice to the Respondents
The Court recognized that the lengthy delay had caused actual prejudice to Tumang and Colis, which included anxiety, restrictions on their liberty, and potential impairment of their defense due to the protracte
...continue readingCase Syllabus (G.R. No. 274922)
Parties and Procedural Posture
- Petitioner: People of the Philippines, represented by the Office of the Special Prosecutor of the Office of the Ombudsman.
- Respondents: Teddy C. Tumang (former Municipal Mayor of Mexico, Pampanga) and William B. Colis (proprietor of Buyu Trading and Construction).
- The case involves a Petition for Certiorari under Rule 65 of the Rules of Court.
- The petition assails a Resolution dated June 10, 2024, of the Sandiganbayan (First Division) dismissing Criminal Case Nos. SB-24-CRM-0013 to 0043.
- The Sandiganbayan granted the Motion to Quash Informations and/or Dismiss the Cases filed by Tumang and Colis on the grounds of violation of their right to speedy disposition of cases.
Factual Background and Charges
- Complaint-Affidavit was filed on December 13, 2017, by the Field Investigation Bureau of the Deputy Ombudsman for Luzon against Tumang and Colis.
- Allegations included violations of Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and Malversation of Public Funds (Article 217, Revised Penal Code).
- The charges arose from government purchases of base coarse and construction materials by the Municipality of Mexico, Pampanga from Buyu during 2006-2007.
- Tumang allegedly illegally approved disbursement vouchers and checks in favor of Buyu.
- Commission on Audit issued several Notices of Disallowance related to these transactions.
- After Order to file Counter-Affidavits received on February 7, 2018, the respondents filed their defenses on February 28, 2018.
- On November 20, 2018, a resolution finding probable cause was issued to indict Tumang and Colis for 29 counts of graft and 2 counts of malversation.
- Subsequent approvals were made up to the Ombudsman’s approval on March 28, 2019.
- Respondents filed Motions for Reconsideration in May 2019, which the Ombudsman denied only on April 23, 2024.
- Informations were filed in court on April 25, 2024; cases were raffled to the Sandiganbayan First Division.
Motion to Quash and Sandiganbayan Resolution
- On May 30, 2024, prior to arraignment, respondents filed a Motion to Quash the Informations/dismiss the cases.
- Arguments included: facts as charged do not constitute an offense; legal excuses exist; failure to allege conspiracy or overt acts of conspiracy; violation of the right to speedy trial due to delay from complaint to filing of Informations.
- Opposition was filed by the Ombudsman on June 3, 2024.
- The Sandiganbayan granted the Motion on June 10, 2024, dismissing the cases, ordering release of cash bonds and lifting of hold departure ord