THE Sandiganbayan has dismissed graft cases against two former officials of the now-dissolved National Livelihood Development Corp. (NLDC) over the alleged misuse of P2.91 million in priority development assistance fund (PDAF), ruling that the Ombudsman’s delay violated their constitutional right to speedy disposition of cases.
In a joint resolution promulgated on Aug. 7, the anti-graft court’s Fifth Division granted the motions to quash filed by former NLDC President Gondelina G. Amata and former Asset Management Group Division Chief III Gregoria G. Buenaventura.
The cases stemmed from the alleged misuse of pork barrel funds released in 2009 for livelihood projects in the second district of Davao del Sur.
The Ombudsman’s Field Investigation Bureau-Mindanao filed a complaint-affidavit against the officials on Nov. 17, 2022. The Ombudsman found probable cause in March 2025 and filed the charges before the Sandiganbayan on June 3, 2026.
The court said three years, six months and 17 days elapsed between the filing of the formal complaint and the filing of the charges.
“Applying either the time frames contemplated under Rule 112 of the Rules, which provides for a 15-day period for hearings and a 10-day period for the determination of probable cause… or the more generous 12-to-24-month periods recognized under Administrative Order No. 1 for the completion of preliminary investigations, it is apparent that the Ombudsman exceeded the specified time period for preliminary investigations,” the court said.
Under Ombudsman administrative order, preliminary investigations must be completed within 12 months for simple cases and 24 months for complex cases.
The prosecution attributed the delay to internal review processes, multiple levels of revision, a no-contact policy, the complexity of the case and extensions supposedly sought by former Davao del Sur Rep. Franklin P. Bautista.
The court rejected the explanations, saying institutional constraints and generalized claims of complexity were insufficient to justify the delay.
“Therefore, the localized systemic backlog within OMB-Mindanao, while noted, does not condone a protracted failure to promptly dispense justice,” it said.
The court noted that the Ombudsman took two years, three months and 14 days to issue its resolution finding probable cause after the complaint was filed.
Another six months elapsed between the denial of motions for reconsideration filed by other respondents in November 2025 and the filing of the charges in June 2026, it added.
The court said the delay prejudiced Ms. Amata and Ms. Buenaventura, particularly because the allegations involved transactions dating back to 2009.
“Over a 15-year span, memories naturally decay, crucial defense records vanish and witnesses can no longer be expected to recount complex accounting events with accuracy,” it said.
The court held that the accused timely invoked their right by filing their motions to quash before arraignment.
It consequently dismissed the cases against Ms. Amata and Ms. Buenaventura, ordered the lifting of their hold-departure orders and directed the release of their bonds.
The dismissal, the court said, is tantamount to an acquittal and bars further prosecution under the rule on double jeopardy. — Mark Joseph M. Sanchez