The Sandiganbayan has dismissed the graft cases against Aquino administration Energy Secretary Jericho Petilla and his mother Remedios, the mayor of Palo, Leyte.
In their motions to dismiss, the Petillas cited the inability of the Ombudsman to file the cases at the soonest possible time.
They said the prosecutors took more than 12 years, since the creation of Task Force Abono that was tasked to investigate the fertilizer fund scam in 2006.
The Petillas said the 12 years included seven years and four months of fact-finding investigation by TF Abono.
While another four years and nine months of preliminary investigation by the Ombudsman.
The Sandiganbayan agreed there was inordinate delay on the part of the Ombudsman to file the case.
“From the timeline above, the court finds the hiatus in the preliminary investigation proceedings that took more than three years from the filing of the complaint to be long drawn-out and unjustified,” the court said in the resolution written by Associate Justice Reynaldo Cruz. The division’s chairman, Justice Alex Quiroz and Associate Justice Bayani Jacinto concurred with the ruling.
“This is a clear instance where the defense of the accused was impaired due to inordinate delay. The court will not countenance the unfair consequences brought upon the accused because of the inordinate delay in the preliminary investigation before the Ombudsman that violated their right to speedy disposition of these cases,” the court said.
The Ombudsman alleged that Remedios entered into a P3.131-million contract with Castle Rock for the purchase of 350 gallons of liquid fertilizer during her time as Leyte governor.
While Jericho, who succeeded his mother in 2004, bought another 350 gallons for P1.686 million also from the same company.
The anti-graft court also dismissed cases against co-accused, former provincial officers Rodolfo Badiable and Marilyn Castillo, were likewise dismissed.
In response, the prosecution blamed the delay on the respondents who filed motions for extension, such as co-accused Rogelio Portula who died prior to the filing of his cases in court.
