In his motion, Umali said that the complaint filed in June 2008 by then Vice Governor Edward Thomas Joson was made to sleep for more than seven years until it was resurrected in the form of another complaint filed by the Field Investigation Office (FIO) of the Office of the Ombudsman in 2015.

Umali was accused of endorsing a project to non-existent NGO. (DWNE)

The anti-graft court has acquitted former Nueva Ecija Rep. and now Nueva Ecija Gov. Aurelio Umali of graft and malversation charges in relation to the alleged misuse of his Priority Development Assistance Fund (PDAF).

In a resolution promulgated last 23 October, the Sandiganbayan Second Division ruled in favor of Umali’s motion to dismiss the cases for inordinate delay.

Umali is facing four counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-graft and Corrupt Practices Act and another three counts of violation of Article 217 of the Revised Penal Code also known as Malversation of Public Funds due to the reported irregular implementation of programs during his term as congressman in 2015.

Umali was accused of endorsing Samahan ng mga Maninininda ng Prutas sa Gabi Inc. (SMPGI) and Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) as project partner in the implementation of agricultural development programs and livelihood projects. The two turned out to be non-existent.

In his motion, Umali said that the complaint filed in June 2008 by then Vice Governor Edward Thomas Joson was made to sleep for more than seven years until it was resurrected in the form of another complaint filed by the Field Investigation Office (FIO) of the Office of the Ombudsman in 2015.

The FIO of the Office of the Ombudsman filed charged against Umali only in April 2019.

Umali said the inordinate delay in the investigation resulted in the denial of his right to due process and speedy disposition of cases.

In opposition to this, the prosecution said there were no similarities in the complaint filed by Joson and the charges it filed in the Court in April 2019.

In its ruling, the Court noted that the Office of the Ombudsman admitted in its comment that the 2008 complaint affidavit of Joson precipitated that conduct of further fact-finding investigation that led to the filing of another complaint against Umali.

“It cannot be denied that both cases pertain to the utilization of accused Umali’s 2005 Priority Development Assitant Fund as congressman of the Third District of Nueva Ecija, through the Department of Agriculture, the Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) and the SMPGI (Samahan ng mga Maninininda ng Prutas sa Gabi Inc.).”

“Ultimately, the fact-finding investigations conducted after the filing of the complaints by Joson and the further fact finding investigation conducted by the Office of the Ombudsman led to the commencement of the herein crimnal cases against accused Umali.”

The Court noted that it took the Ombudsman 11 years to file charges against Umali.

While there is no fixed period for the Office of the Ombudsman to resolve cases the Court said the Office “miserably” failed in proving that the delay of more than 10 years was reasonable.

“Clearly then, the fact-finding investigation and preliminary investigation by the Office of the Ombudsman lasted nearly 11 years from the filing of the initiatory affidavit-compaint on June 2, 2008 until the institution of the criminal cases before the Court on April 26, 2019.”

The resolution is authored by Associate Justice Lorifel Lacap Pahimna and concurred in by Oscar Herrera Jr. and Michael Frederick Musngi.