SC reinstates Ombudsman case vs Echavez
Credit to Author: besguerra| Date: Mon, 18 Mar 2019 20:55:51 +0000
The Ombudsman cannot be faulted for “inordinate delay” in deciding whether to indict public officials for graft if it has not yet begun the formal investigation.
The Supreme Court’s Third Division laid this rule when it reinstated the graft case of Ozamiz City Vice Mayor Nova Princess Parojinog-Echavez, which the Sandiganbayan dismissed in June 2017 on grounds that the Ombudsman took six years to investigate and file charges.
In reversing the Sandiganbayan’s dismissal, the Supreme Court, in a ruling dated Feb. 11, 2019, said the Ombudsman did not violate Echavez’s right to a speedy disposition of her case.
Dismissal reversed
The reckoning point to determine if there had been inordinate delay, the high court said, should start from the filing of the formal complaint with the Ombudsman to the time when the charges were filed in the Sandiganbayan.
Case records said Echavez and her father, slain Ozamiz City Mayor Reynaldo Parojinog Sr., were investigated by the Ombudsman in August 2010.
The “fact-finding investigation” went on until a formal complaint was filed with the Ombudsman-Mindanao office on Dec. 8, 2014. The Ombudsman filed charges in the Sandiganbayan on Nov. 23, 2016.
In the decision written by Associate Justice Diosdado Peralta, the Third Division said the period from the filing of the formal complaint to the preliminary investigation was “not attended by vexatious, capricious and oppressive delays.”
Drug raid
Mayor Parojinog was killed with other members of his family in July 2017 during a raid by narcotics agents on their homes.
His wife, Susan, his brother, Board Member Octavio Parojinog Jr., sister Mona and 12 others died in the raid.
Vice Mayor Echavez and her brother Reynaldo Jr. and several others were arrested and charged with possession of illegal drugs, firearms, ammunition and explosives.
The complaint against Echavez and her father cited a state audit finding that they violated procurement rules when the city government awarded a contract to build a multipurpose building and renovate a gym in Lam-an, Ozamiz City, to Parojinog and Sons Construction Co., where Echavez was managing partner.