Title
Roque vs. Desierto
Case
G.R. No. 129978
Decision Date
May 12, 1999
Retired DECS officials Roque and Mabanglo faced graft charges; Supreme Court dismissed cases due to Ombudsman's 6-year delay, violating their right to speedy case resolution.

Case Summary (G.R. No. 129978)

Facts of the Case

The pertinent facts are summarized as follows: Petitioner Roque served as Superintendent until her retirement in May 1991, while Petitioner Mabanglo served until May 1997. An audit conducted by COA officials in January 1991 revealed significant deficiencies leading to the filing of complaints against both petitioners among others for breaches of anti-corruption laws. The Office of the Ombudsman-Mindanao acknowledged these complaints as proper for preliminary investigation in June 1991. However, there was prolonged inaction on these complaints, with a notable lapse of almost six years until resolutions were recommended in 1997, after which criminal Informations were filed against both petitioners. This prompted the petitioners to seek a writ of mandamus to compel the dismissal of the complaints due to the extensive delay, which they argued violated their constitutional right to a speedy disposition of cases.

Issues Presented

The issues raised include whether the delay in resolving the complaints against the petitioners constituted an infringement of their constitutional right to a speedy disposition of cases, and whether such delay warranted the dismissal of the complaints. The court also considered the appropriateness of using mandamus as a remedy and the claims of contempt concerning violation of a Temporary Restraining Order issued during the proceedings.

Court's Ruling on Mandamus

The court granted the petition for mandamus, asserting that despite the general rule against compelling discretionary acts, exceptional circumstances warranted intervention due to the egregious delay in the Ombudsman's action. The Court noted that the unprecedented inactivity lasting nearly six years constituted a flagrant violation of the petitioners' right to a speedy disposition under the Constitution. Citing precedents, the Court emphasized the necessity for the Ombudsman to fulfill its mandate promptly, confirming that such delays undermine foundational rights and calling for immediate resolution of cases.

Main Issue: Violation of Petitioners' Rights

The Court determined that the extensive six-year delay blatantly disregarded the Office of the Ombudsman’s obligations to act swiftly, as mandated by both the 1987 Constitution and Republic Act No. 6770. It refuted any justification presented by the respondents for the inordinate delay, emphasizing that no reasonable grounds existed to account for the failure to resolve the complaints in a timely manner. This conclusion aligned with prior rulings where similar prolonged delays had resulted in the dismissal of charges due to violations of constitutional rights—reinforcing the principle that delays must be reasonable, especially in cases invoking the Anti-Graft Law.

Additional Issues: Contempt of Court Claims

The Court found no merit in the petition

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