THE Sandiganbayan has ordered two criminal charges against an officer of a non-government organization (NGO) quashed, citing inordinate delay in the investigation by the Office of the Ombudsman.
The anti-graft court held that there was an unjustified delay in the actions of investigators from the time the complaint was filed on April 18, 2011 until the filing for the cases before it on September 23, 2016 – five years and five months.
Associate Justice Juliet M. Manalo-San Gaspar penned the resolution dated August 7, 2025 that dismissed the cases against defendant Concha Idica, a member of the Board of Trustees of Gabay Masa Development Foundation Inc. Associate Justices Maria Theresa V. Mendoza-Arcega and Bayani H. Jacinto concurred.
Records showed Idica was indicted for violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and malversation of public funds together with former Palawan Rep. Abraham Kahlil Mitra about alleged irregularities in the disbursement of P3 million farm assistance under the Arroyo administration’s Farm Inputs and Farm Implements Program (FIFIP), otherwise known as the Fertilizer Fund scam.
Government auditors found that Gabay Masa was not an accredited cooperative and that it had no existing track record on the implementation of agricultural projects in the countryside.
The Ombudsman said Mitra and the DA Region 4B officials are liable for “abandonment or negligence” for allowing Gabay Masa to embezzle and take the public funds under their custody.
It added that after receiving the fund transfer, Gabay Masa failed to comply with the reportorial requirements on the update of project implementation. It likewise failed to liquidate the Fertilizer Fund received from DA-Region 4B.
Also named in both cases were DA-Region 4B executive director Dennis Araullo; regional technical directors Gregorio O. Sangalang and Balagtas J. Torres; legislative coordinator Lucille E. Odejar; regional accountant Raymundo Enriquez Braganza, and other Gabay Masa trustees.
However, in a resolution issued in December 2016, the cases against Mitra, Odejar, Araullo, Braganza, and Tajon Luz were thrown out due to inordinate delay – the same ground that Idica invoked in her Motion to Quash.
The court sustained her argument, saying the “unjustified passage of time in the conduct of preliminary investigation caused prejudice to the accused.”
“In failing to resolve the complaint with reasonable dispatch and prudence as dictated by law and jurisprudence, the OMB not only placed the accused at a tactical disadvantage but also impaired their ability to properly prepare for their defense,” the Sandiganbayan said.
It pointed out that the transaction subject of the case took place in 2004 or more than 20 years ago, which means the availability of witnesses or documentary evidence that the defendants need to properly defend themselves against the allegations has become doubtful.
“These cases are hereby dismissed on ground of violation of her constitutional right to speedy disposition of cases. The Hold Departure Orders issued by this Court against accused Idica are hereby lifted and set aside,” the Sandiganbayan added.
