Ex-Leyte mayor cleared of graft

MANILA, Philippines – The Sandiganbayan has dismissed a graft case filed against a former municipal mayor in Leyte and four others due to inordinate delay by the Office of the Ombudsman in investigating the case.

In a nine-page ruling, the anti-graft court said the prosecution failed to justify why it took the ombudsman more than four years to resolve the complaint against former Capoocan mayor Federico Carolino Sr. and his co-accused.

“The right of the accused to speedy disposition of cases was violated, hence the instant information against them must be dismissed,” Associate Justice Maria Theresa Mendoza-Arcega said in the ruling.

The anti-graft court also lifted the hold order issued against the respondents and  returned the bail bond they earlier posted.

Aside from Carolino, also cleared were former bids and awards committee members Pio Antonio Borrel, Macario Noel Gullemas, Letecia Merelos and Jesalie Loteyro.

The case stemmed from the allegedly anomalous purchase of two dump trucks in 2008, when Carolino was mayor.

The ombudsman said the contract was awarded to the winning bidder despite lapses in the bidding process.

Anti-graft probers said the respondents violated the procurement rules when they picked a specific brand and proceed with the purchase despite the lack of approved budget for the contract.

Records showed the complaint was filed by a certain Emeterio Tañala before the Ombudsman-Visayas in September 2011.

The ombudsman filed a formal complaint against the respondents on March 14, 2012. It was only on Jan. 17, 2014 when the respondents were ordered to file their counter-affidavits.

The Sandiganbayan said the resolution finding probable cause to file a graft case against the respondents was issued on Sept. 15, 2014.

”It took Ombudsman Conchita Carpio-Morales more than five months to approve the resolution on March 8, 2016,” the anti-graft court said.

The case was formally filed before the Sandiganbayan on April 27, 2016.