THE Sandiganbayan Special Second Division has denied the motion of City Engineer Rolando Pacuribot asking the court to defer his arraignment in relation to the graft cases he is facing along with Mayor Oscar Moreno.
"The Omnibus motion (with Urgent Prayer to Defer Arraignment) dated May 18, 2018, filed by accused Rolando Pacuribot is hereby denied," the decision said, which was promulgated last Wednesday, October 10.
In justifying his omnibus motion, Pacuribot justified that the facts charged against him do not constitute an offense, and that it violated his constitutional right to speedy disposition of cases, as well as violated his right to due process.
But the anti-graft court however ruled that the allegations charged an offense and contain all the elements of the Violation of Section 3 of the R.A. 3019 or the Anti-Graft and Corrupt Practices Act.
The Court also upheld that the period of 3 years and a month spent by the Office of the Ombudsman in conducting the preliminary investigation is "reasonable and acceptable."
"The Court thus finds that there was no inordinate delay by the Ombudsman in conducting the preliminary investigation or any delay which can be characterized as vexatious, capricious, and oppressive. There was also no violation of the right of Pacuribot to due process and to be informed of the charges against him," it says.
This particular case stemmed September 2007, when Mayor Oscar Moreno, then provincial governor of Misamis Oriental, former Administrator Patrick Gabutina, Elmer Wabe, Elsie Lopoy, Cancio Nicanor Guibone, and Engineer Rolando Pacuribot, awarded the Equiprent Corporation a contract of lease or rental of a heavy equipment despite the fact that it was not qualified to take part in the bidding because of the lack of the necessary requirements.
The decision was penned by Associate Justices Oscar Herrera Jr., Lorifel Pahimna, Alex Quiroz, and Bayani Jacinto.
Associate Justice Michael Frederick Musngi, meanwhile, issued a dissenting opinion, and agreed that Pacuribot's right to speedy disposition of cases was violated.
Musngi noted that the total period spent by the Ombudsman in the resolution of the complaint took 3 years and 18 days.
Musngi said a period of delay of even just close to 3 years has already been held inordinate by the Supreme Court.
"A prolonged disposition of these cases against accused Pacuribot already caused him anxiety, hostility, additional expenses, and restriction on his person and well-being. The inordinate delay has been detrimental to the tactical preparation of his defense. Accordingly, I vote to grant the Omnibus Motion with Urgent Prayer to Defer Arraignment filed by accused Rolando Pacuribot on May 21, 2018," Musngi said in his dissenting opinion.