CEBU, Philippines — The Sandiganbayan third division will continue to hear the graft charges against Toledo City Mayor John Henry Osmeña.
The anti-graft court denied Osmeña’s motion seeking to set aside the information of the case and the warrant of arrest issued against him. He sought the dismissal of the case claiming that the information does not constitute an offense.
Osmeña also argued that there was a delay in the filing of the information before the Sandiganbayan by the Office of the Ombudsman which allegedly violated his right to a speedy trial. Because of the delay, he claimed to have been prejudiced due to anxiety, mental anguish, and sleepless nights.
But the anti-graft court, in a resolution penned by Associate Justice Bernelito Fernandez, dismissed Osmeña’s arguments for lack of merit.
Fernandez gave weight to the contention of the prosecution that Osmeña’s right was not violated by the Office of the Ombudsman which acted on the complaint within a reasonable time and no unnecessary delay had been incurred in resolving the same.
"The amount of time it took the Office of the Ombudsman to complete its investigation and file the appropriate considered as whimsical, capricious and oppressive as the accused-movant was never deprived of his right to due process, and had in fact, availed of them," read the resolution.
The case stemmed from Osmeña’s alleged withholding of the real property tax share of Barangay Daanlungsod, Toledo City for the third quarter of 2014 amounting to P2,944,940.62. — FPL (FREEMAN)