Sandigan denies ex-lawmaker's appeal in pork barrel scam case
The Sandiganbayan Fourth Division has denied the appeal of former
Lanao del Sur Rep. Faysah Dumarpa seeking the dismissal of her graft cases concerning the infamous pork barrel scam.
Dumarpa petitioned the anti-graft court to dismiss the charges filed against her by the Ombudsman, citing violations of her constitutional rights to due process and speedy disposition of cases. She argued that it took 15 years to establish probable cause before indicting her in 2020.
She contended that the prolonged time spent on the preliminary investigation was “vexatious, capricious and oppressive” on her part.
But the prosecution did not buy Dumarpa’s ratiocinations. It said the erstwhile lawmaker reckoned the date of the purported delay from the date of the alleged illegal transaction in 2008 and not on the date when the complaint was filed before the Sandiganbayan in 2020.
Furthermore, it argued that any delay was attributable to Dumarpa for not timely invoking her rights, as she filed the appeal only after being arraigned.
Dumarpa was among the many former House of Representatives members implicated in the anomalous pork barrel or Priority Development Assistance Fund (PDAF) scam, involving funding for non-existent projects.
In denying the appeal, the Sandiganbayan ruled that the Ombudsman completed the preliminary investigation in two years and nine months, exceeding the prescribed period of two years.
“Thus, the prosecution has the burden of proving that there is no violation of the right speedy disposition of the cases,” it said.
Furthermore, it emphasized that the case involves PDAF, which “require numerous respondents and voluminous records which justify the period it took to resolve the preliminary investigation of the cases.”
“In conclusion, the belated assertion of the right taken with the complexity of the cases justify the prolonged period to resolve the preliminary investigation of the cases,” the court said.