Court clears 4 market employees of graft

CEBU, Philippines - The Municipal Trial Court in Cities (MTCC) has dismissed the graft case against four Cebu City market employees after 13 years of delayed trial for violation of the Speedy Trial Act.

MTCC Branch 3 Judge Gil Acosta dismissed the case against Salvador Doctor, Susan Guerra, Rosellen Namoc, and Teresita Jaca.

Acosta said that continuing the trial of the case may already constitute a violation of the Speedy Trial Act since the case has been pending for the past 13 years. Section 16, Article III of the Constitution provides that all persons shall have the right to a speedy disposition of cases before all judicial, quasi-judicial or administrative bodies.

Acosta cited the case of Lopez vs. Ombudsman where the Supreme Court ruled that the petitioner was denied of his right and is entitled to a dismissal of his case because it took four years for the anti-graft body to resolve his case.

The four market employees were accused by Eliza Nabisaga of violation of Section 7 of the Republic Act 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees.

The case was filed on March 9, 2000 for allegedly demanding P3,000 in exchange for a stall at the Pardo market.

The records show that since the filing of the case the prosecution has only presented three witnesses. The first witness was presented in August 2001. The second was in September 2003 while the third witness was in October 2007.

Following the dismissal of the case, the respondents requested Mayor Michael Rama to reimburse their six months salaries that were not paid during their suspension.

 â€œIt is a great pleasure to our family to receive what is due for us being victims of harassment and humiliation from the crime we never committed,” said Doctor.

The mayor has yet to decide on the request.  (FREEMAN)