Former Davao water exec to finally be arraigned after 24 years in hiding
Citing the fact that the accused was “at large for 24 years,” the Sandiganbayan denied the motion of former Davao City Water District (DCWD) general manager Wilfredo Carbonquillo to defer his arraignment after he claimed that his right to a speedy trial had been violated.
In a resolution promulgated on July 4, the antigraft court’s Third Division said that Carbonquillo’s “invocation of his right to a speedy disposition of his case after 24 years in hiding palpably amounted to a waiver of the said constitutional right.”
Penned by Sandiganbayan Third Division Chair Associate Justice Karl Miranda, the court’s resolution set Carbonquillo’s arraignment on July 11.
The former DCWD official faces two counts of violating Section 3 (e) of Republic Act No. 3019, or the Anti-Graft and Corruption Practices Act over alleged irregularities uncovered in a well drilling project in 1998.
In his motion, Carbonquillo argued that the delay between the filing of the complaint and the information constituted “an inordinate delay” and a violation of his constitutional rights. But the court’s Third Division disagreed as it said the nearly two-year-long preliminary investigation was a “fairly reasonable period considering the fact-intensive nature of the allegations.”
Special audit
The Sandiganbayan noted that the Office of the Ombudsman for Mindanao had also requested the Commission on Audit in Region XI to conduct a special audit of the transactions of the DCWD on the well drilling project to determine the issues in the case.
“To recall, the information against Carbonquillo dated Mar. 28, 2000 was filed on May 8, 2000. At that point, Carbonquillo could have already raised inordinate delay. Instead, he went at large for 24 years, resulting in the instant case being archived,” the court said.
The Sandiganbayan also addressed the claim of Carbonquillo that he was subjected to aggravating or annoying action coming from the prosecution which caused him harm, noting that his requests for an extension were accommodated.
It noted that he made a request for 70 days’ worth of extensions, of which he was granted at least 60.
“Carbonquillo has failed to show that the alleged delay was attended by vexatious, capricious and/or oppressive conduct on the part of the complainant or the prosecution,” the court said.
