MANILA, Philippines — The Sandiganbayan Third Division has dismissed the graft case against Interior Undersecretary Jed Patrick Mabilog after ruling that the more than seven-year delay in filing the case violated his constitutional right to the speedy disposition of cases.
Associate Justice Karl Miranda, chair of the Third Division, granted Mabilog’s motion to quash in a resolution promulgated Wednesday, Aug. 12. Mabilog filed the motion on Oct. 10, 2024.
The case stemmed from a complaint-affidavit filed with the Office of the Ombudsman on April 23, 2015. Ombudsman prosecutors filed the case information before the Sandiganbayan on May 19, 2022 — a lapse of seven years, 10 months and seven days.
Prosecutors charged Mabilog, who was then Iloilo City mayor, with graft over his alleged financial interest in 3L Towering Services.
According to the case information, Mabilog allegedly contributed P500,000 in initial capital to the company, which Iloilo City later hired to clamp or tow illegally parked vehicles without undergoing a competitive bidding process.
Mabilog argued that the information failed to allege facts constituting an offense and that the lengthy proceedings violated his right to speedy disposition.
The court rejected his first argument, ruling that the information sufficiently alleged the elements of the offense.
On the delay, however, the court said the Ombudsman failed to justify the lengthy period before filing the case.
“As the Office of the Ombudsman has failed to discharge its burden of justifying the delay, the only appropriate and lawful remedy is the immediate and permanent dismissal of the present case against Mabilog,” the ruling said.
