FILE PHOTO: Office of the Ombudsman
MANILA — Just this year, the Sandiganbayan has dismissed 26 cases due to “inordinate delay”. Based on the resolution of the graft court, the cases have been dismissed because it was already a violation of the rights of an accused to a speedy trial.
“Especially this year, with the new justices of the Sandiganbayan, they kept on dismissing cases due to inordinate delay, and everyone was invoking inordinate delay that to us was the last straw. So we ask the Supreme Court to move the case from the division to bring it to the en banc for the en banc to decide or revise or revisit or reverse the inordinate law doctrine,” said Ombudsman Conchita Carpio Morales.
The Ombudsman is asking the Supreme Court to order the Sandiganbayan to no longer include the conduct of fact finding in its duration count.
It is because fact finding is the longest process in its investigation of corruption cases.
The Ombudsman said there is also a lack of prosecutor lawyers, another reason for its longer process in its fact finding investigation. She also stresses that the lawyers of the accused, sometimes do delaying tactics which further delays the hearings of cases.
“There are so many motions. If the motions are not that many probably we could have stated trying the case by now, but there are so many motions,” Ombudsman Morales said.
The Ombudsman said it can refile the cases which have been dismissed due to inordinate delays since most of the cases have not been heard yet.
“The cases were dismissed even before arraignment has been held, so nothing would prevent us from refiling the case if need be,” Ombudsman Morales added.
The office of the Ombudsman is hoping the Supreme Court will hear its request — Mon Jocson | UNTV News & Rescue