THE Sandiganbayan third division denied a motion by former Davao City Water District general manager Wilfredo Carbonquillo seeking dismissal of two charges filed against him 25 years ago for violation of the Anti-Graft and Corrupt Practices Act (RA 3019).
Also denied was his alternative prayer for a deferment of his arraignment, which the anti-graft court set on July 11, 2025.
Associate Justice and third Division chairperson Karl B. Miranda penned the seven-page resolution dated June 17, 2025, with Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurring.
The cases involve allegations of irregularities in the bidding and award of the P33 million Cabantian Water Supply System Project in 1998.
In his motion, the defendant argued that his constitutional right to speedy disposition of his case had been violated due to inordinate delay in the investigation and filing of the case in court.
He noted that the preliminary investigation started when the complaint affidavit against him was filed on April 21, 1998, while the criminal information was lodged with the Sandiganbayan on March 28, 2000.
The prosecution countered that it took less than two years to complete the investigation and file the cases, during which Carbonquillo did not raise any issue about supposed delays.
On the other hand, it pointed out that the case did not move for more than two decades because the accused went at large for 24 years.
Prosecutors argued that evading prosecution for a crime for 24 years should be deemed a waiver of the defendant’s right to raise issues about any delay.
In denying Carbonquillo’s motion, the Sandiganbayan noted that one year and 11 months was a “reasonable period” to complete a preliminary investigation, considering that the case was “fact-intensive” requiring coordination with a special audit team from the Commission on Audit due to technicalities.
“To recall, the Information against Carbonquillo dated March 28, 2000 was filed on May 8, 2000. At that point, Carbonquillo could have already raised the matter of inordinate delay. Instead, he went at large for 24 years, resulting in the instant case being archived,” the court said.
