Sandiganbayan junks graft case vs BIR official

The graft case against a ranking official of the Bureau of Internal Revenue (BIR) has been junked by the Sandiganbayan anti-graft court due to the delay by the Office of the Ombudsman in filing the case. In a seven-page decision, the court said BIR deputy commissioner Danilo Duncano’s right to a speedy disposition of his case was violated when the Ombudsman failed to file the case immediately. Duncano was accused of failing to disclose his vehicles and investments in his 2002 statement of assets, liabilities and net worth (SALN). The vehicles in question were a 1993 Nissan Patrol, a 1995 Honda Accord, and a 1992 Nissan Sentra, all acquired between February 2001 and March 2002 and reportedly registered in the names of Duncano’s children. Graft investigators also found out that the respondent has investments in two companies — Documail Provides Corp and Don Plus Trading — both registered in his name and members of his family. The case stemmed from an investigation conducted by the now-defunct Presidential Anti-Graft Commission (PAGC). Duncano, in defense, said he thought he had no obligation to declare the two firms since they were no longer operational and that the 1993 Nissan Patrol was owned by his son who was already over 18 years old. He also corrected the omission and made full disclosure in his succeeding SALNs. The biggest defect in the Ombudsman’s case, however, was the prosecution’s failure to provide adequate explanation why it took them more than three years to file the case information. “The Court is wont to consider that the period of three years and four months that it took for the filing on March 24, 2009 of the Information which was already prepared as early as July 28, 2005 constitutes delay. Responsibility cannot be shifted on the accused for allegedly not hammering on such delay at an earlier time. (T)he greater interest of justice and fair play convinces the Court that the case should be dismissed for being violative of the right of the accused to speedy disposition of his case," the Sandiganbayan said. The ruling, which was promulgated on March 31, 2011 but was only released Monday, was penned by Associate Justice Teresita V. Diaz-Baldos and was concurred in by Associate Justice Samuel R. Martires and Presiding Justice Edilberto Sandoval. — KBK, GMA News