G.R. Nos. 146897-917 - DATUKAN M. GUIANI, ULAMA S. BARAGUIR, GUIALOSON A. MAMOGKAT, NELFA A. SUASIN, MARJUK A. IDRIS, SALIK A. ALI AND FAROUK ABUBAKAR, VS. SANDIGANBAYAN (FIRST DIVISION), HON. FRANCIS E. GARCHITORENA, HON. CATALINO R. CASTAÑEDA, HON. GREGORY ONG, THE OFFICE OF THE SPECIAL PROSECUTOR

Ruling

Accordingly, the arraignment and pre-trial were set on February 22, 2001. [8] At the hearing of petitioners motion to quash on February 15, 2001, petitioners argued that the delay in the resolution of the complaint against them by the Ombudsman violated their constitutional right to speedy trial; hence, the criminal cases against them should be dismissed. The Sandiganbayan denied petitioners motion to dismiss the cases [9] and on the same day, denied petitioners motion for reconsideration. [10] Petitioners are now before us on certiorari, seeking the annulment of the Orders of the Sandiganbayan dated February 15, 2001, based on the following grounds: A. THE DELAY OF ALMOST SIX (6) YEARS TO RESOLVE THE PRELIMINARY INVESTIGATION DISREGARDED THE OMBUDSMANS DUTY, AS MANDATED BY THE CONSTITUTION AND REPUBLIC ACT NO. 6770, TO ACT PROMPTLY ON COMPLAINTS BEFORE HIM. SUCH DELAY VIOLATED THE ABOVE-MENTIONED ACCUSEDS RIGHTS TO DUE PROCESS AND TO A SPEEDY DISPOSITION OF THE CASES FILED AGAINST THEM. B. THERE IS NO PRIMA FACIE EVIDENCE TO ESTABLISH PROBABLE CAUSE TO WARRANT THE FILING OF THE TWENTY ONE (21) INFORMATIONS AGAINST HEREIN PETITIONERS. C. THE FAILURE TO ARRAIGN ACCUSED-PETITIONER DATUKAN GUIANI AFTER HE POSTED BAIL ON 18 FEBRUARY 2000 CONSTITUTES VIOLATION OF HIS RIGHT PURSUANT TO REPUBLIC ACT 8493 AS WELL AS SECTION 1 OF RULE 116 OF THE NEW RULES ON CRIMINAL PROCEDURE. [11] On February 21, 2001, a resolution was issued requiring respondents to comment on the petition and temporarily restraining the Sandiganbayan from conducting further proceedings in Criminal Cases Nos. 24963-24983. [12] The Office of the Special Prosecutor, on behalf of the Ombudsman, submitted its Comment. [13] It explained the delay in the preliminary investigation conducted by the Office of the Ombudsman, to wit: On December 8, 1992, Edelmiro A. Amante, Sr., then Executive Secretary of the Office of the President, Malacañang requested the Office of the Ombudsman to conduct an investigation and take appropriate action of the report of the Commission on Audit (COA) on the various irregularities committed by the officers and/or employees of the Autonomous Region in Muslim Mindanao (ARMM). Only two (2) pages of the COA report were attached to the letter request. The COA Report dealt with the investigation conducted on the concreting of Cotabato Lanao Road Section 1-13, Highway-Linek-Kusiong Road, Concreting/Rehabilitation of Highway-Sinuay Seashore Road and the Awang Muro Road Project. This case was docketed as OMB-0-92-2771 and entitled COA vs. Concerned Officials of the ARMM. In January 6, 1993, Evaluation Report GIO Antonio E. Valenzuela recommended to Assistant Ombudsman Abelardo L. Aportadera of the Evaluation and Investigation Office that the complaint be forwarded to the Office of the Ombudsman for Mindanao (OMB-MIN) on the ground that the subject of the investigation involves projects and personalities located in Muslim Mindanao. Assistant Ombudsman Aportadera appr