CITY OF SAN FERNANDO — The Supreme Court has affirmed the dismissal of the graft and malversation of public funds charges against former Mexico Mayor Teddy Tumang and one other co-accused, citing violation of their right to speedy disposition of cases.
In a 14-page ruling penned by Associate Justice Samuel Gaerlan, the SC’s Third Division upheld the Sandiganbayan’s June 10, 2024 ruling that dismissed the charges filed by the Office of the Ombudsman (OMB) against Tumang and businessman William B. Colis, the owner of a construction company.
Promulgated last Feb. 17, 2025, the SC decision was made public last April 2.
The case stemmed from a complaint against Tumang and Colis for alleged violation of Section 3(e) of RA 3019 (Anti-Graft and Corrupt Practices Act), and Malversation of Public Funds under Article 217 of the Revised Penal Code.
Case records showed that Tumang and Colis were charged for the purchases of base coarse and other construction materials for Mexico town from 2006 to 2007. It alleged that Tumang as mayor “illegally and invalidly” approved the disbursement vouchers in favor Colis, the proprietor of Buyu Trading and Construction.
On Nov. 20, 2018, the OMB’s graft investigator found probable cause to charge them before the Sandiganbayan. The resolution to file in court was approved by Ombudsman Samuel R. Martires on March 28, 2019.
Motions for reconsideration were filed by the accused on May 2, 2019 and May 6, 2019, respectively but were denied by the OMB on April 23, 2024 and the corresponding criminal charge sheets were filed before the Sandiganbayan on April 25, 2024.
On May 30, 2024 before their arraignment, Tumang and Colis filed their motions to quash information and/or dismiss the cases, court records showed.
The Sandiganbayan granted their motion to dismiss the complaints, highlighting that the delay in the conduct of preliminary investigation proceedings impaired and prejudiced Tumang’s and Colis’s ability to defend themselves.
It agreed with the accused that their right to speedy disposition of cases was not upheld with the OMB conducting the investigation for more than six years from the filing of the complaints before the cases were filed before the anti-graft court.
It did not give credence to the justification of the OMB that the delay was caused by the then Covid-19 pandemic, saying that the pandemic was lifted on July 23, 2023 and yet the OMB resolved Tumang and Colis’ motions for reconsideration only on April 23, 2024 or nine months after the lifting.
This prompted the OMB to file an appeal before the Supreme Court.
In its decision, the SC said: “Undoubtedly, the long period of time while they were waiting for the resolution of the preliminary investigation proceedings constitute actual prejudice suffered by Tumang and Colis.”
Furthered the SC decision: “At this juncture, it must be underscored that the dismissal of the criminal charges against Tumang and Colis is tantamount to an acquittal, and therefore, they can no longer be re-litigated because double jeopardy has already attached.
“Significantly, the proscription against placing an accused in double jeopardy is enshrined in Article III, Section 21, of the 1987 Constitution.
“Accordingly, the petition for certiorari dated Aug. 8, 2024 is dismissed, and the Sandiganbayan First Division’s Resolution dated June 10, 2014 is affirmed.”
Concluding: “Criminal Case Nos. SB-24-CRM-0013 to 0043 against Teddy C. Tumang and Willaim B. Colis are dismissed on the ground that the Office of the Ombudsman violated their right to the speedy disposition of their cases.” Punto News Team/With media reports
