Sandiganbayan affirms rejection of Echiverri motion to dismiss
by Allan Yves Briones
The Sandiganbayan Special 2nd Division denied former Caloocan City mayor Enrico Echiverri’s motion for reconsideration regarding the dismissal of one of his graft cases.
“After going over the arguments in support of the movants’ assertions, the Court finds no valid reason to reconsider,” the resolution read, promulgated August 29.
In Echiverri’s motion, he argued that the dismissal of his graft case was warranted because the prosecution violated his “constitutional right to speedy disposition of cases”.
Through his lawyers, the former mayor asserted that there was “inordinate delay” in the preliminary investigation conducted by the Office of the Ombudsman, with prosecutors having taken two years and eight months to file their Informations.
However, the court believed otherwise.
“[T]he Court holds that the period of two (2) years and eight (8) months spent by the Office of the Ombudsman in conducting and terminating the preliminary investigation is satisfactory and acceptable,” the court said.
Charged alongside the former mayor are ex-Caloocan City officials Jesusa Garcia and Edna Centeño.
Division Chairperson Oscar Herrera, Jr. wrote the resolution, concurred by Associate Justices Lorifel Pahimna and Karl Miranda.
Also undersigned are Associate Justices Michael Frederick Musngi and Edgardo Caldona who have expressed their dissents.