Sandiganbayan denies Davao water exec’s bid to quash graft case after 24 years in hiding

The Sandiganbayan has junked the petition of a former Davao City Water District (DCWD) official, who had been hiding for 24 years, but is now seeking to dismiss the graft charges against him, claiming that the delay violated his right to have his case quickly resolved. 

DCWD general manager Wilfredo Carbonquillo was charged with two counts of graft over the allegedly rigged bidding and awarding of the P33-million Cabantian Water Supply System Project in 1998.

The complaint was filed with the Ombudsman in April 1998, while the formal charges were only filed in court in March 2000.  Carbonquillo lamented that the delay of almost two years after the investigation was undertaken violated his right to speedy disposition of the case.

In July, the Sandiganbayan already denied Carbonquillo’s motion to quash the criminal charges before they reached the trial, underscoring that his hiding for 24 years “palpably amounted to a waiver” of the said right.

However, Carbonquillo insisted on his current petition that the anti-graft court should reconsider it. He argued that it was not his absence but the “state’s inaction during the preliminary investigation, that should be weighed more heavily in asserting whether his constitutional right was violated.”

He also claimed that his rights had already been violated before he became at-large.

The prosecution strongly opposed the petition, emphasizing that the incurred delay was due to the motions for extension of time filed by Carbonquillo himself. This includes the audit investigation by the Commission on Audit, which was postponed pursuant to Carbonquillo’s request. 

Moreover, the prosecution asserted the case could have been resolved much earlier if only Carbonquillo had not gone into hiding for more than two decades.

“Carbonquillo's 24-year absence strips him of equitable standing to invoke a violation of constitutional right,” the prosecution said.

Agreeing with the prosecution, the Sandiganbayan ruled that Carbonquillo should have immediately filed a motion to quash as early as the case was filed with the Sandiganbayan, instead of going into hiding for 24 years, thereby stalling the administration of justice.

“It is apparent that the instant motion is yet another ploy to delay the proceedings. We cannot allow this court to be made a party to such a dilatory tactic,” the resolution dated 1 August read.

“We underscore that delays in the administration of justice not only impinge upon the accused but also the People, as represented by the prosecution, most especially in this case where public funds are involved,” it added.