Sandiganbayan rejects former Davao water official’s bid to junk graft case

Prosecutors say the case stalled because the accused had been at large for 24 years

MANILA, Philippines – For over two decades, a former water district official managed to avoid answering accusations about the allegedly rigged bidding for a P33-million government water project in Davao City. Now, the Sandiganbayan said he can’t use the delay as grounds to walk free.

The 3rd Division of the anti-graft court has rejected former Davao City Water District general manager Wilfredo Carbonquillo’s motion to dismiss two graft charges stemming from the 1998 Cabantian water supply system project. The anti-graft court also denied his plea to defer arraignment, which it set for July 11.

Carbonquillo claimed the delay in filing the charges violated his constitutional right to the speedy disposition of cases. He said the complaint was filed in April 1998, while the charges were filed in court in March 2000.

Prosecutors, however, pointed out that the investigation took less than two years and stressed that Carbonquillo never raised concerns about delays at the time.

They also noted that the case stalled because the accused had been at large for 24 years.

“Evading prosecution for a crime for 24 years should be deemed a waiver of the defendant’s right to raise issues about any delay,” the prosecution said.

For its part, the Sandiganbayan said the nearly two-year preliminary investigation was reasonable, given the technical issues that required coordination with a special audit team from the Commission on Audit (COA).

“To recall, the Information against Carbonquillo dated March 28, 2000 was filed on May 8, 2000. At that point, Carbonquillo could have already raised inordinate delay. Instead, he went at large for 24 years, resulting in the instant case being archived,” the court said.

It also stated that claims of constitutional rights violations must be backed by evidence.

The ruling, made on June 17, was signed by Associate Justice Karl Miranda, who chairs the 3rd Division, with Associate Justices Bernelito Fernandez and Ronald Moreno concurring. – Rappler.com