THE Supreme Court (SC) has ordered the Ombudsman to dismiss the administrative and criminal charges against former Land Registration Authority (LRA) administrator Alfredo Enriquez and two other officials of the agency owing to violation of their constitutional right to a speedy disposition of their cases.

In a 14-page decision penned by Associate Justice Angelina Sandoval-Gutierrez, the court’s First Division granted the petition for mandamus filed by Enriquez, LRA Inspection and Investigation Division chief Rhandolfo Amansec and LRA Law Division head Gener Endona seeking the dismissal of the complaint filed against them by the Ombudsman’s Fact-Finding and Intelligence Bureau (FFIB) in connection with bidding of the Land Titling Computerization Project of the agency.

The Court held that the Office of the Ombudsman violated its constitutional duty to act promptly on any complaint against a public officer or employee.

It noted that the Rules of Procedure of the Ombudsman requires that the hearing officer is given a definite period of not later than 30 days to resolve cases after the formal investigation shall have been concluded.

In the case of the petitioners, the High Court noted that the complaint against them was filed on May 9, 2000, and that the petitioners had been seeking for the early resolution of their cases since 2002 considering that all the evidence had been formally offered and the parties’ arguments have already been submitted.

And despite the petitioners’ repeated personal follow-ups, still the Ombudsman failed to resolve their cases until now.

It stressed that on March 24, 2006 or six years from the filing of the complaints-affidavits, Enriquez and the two officials filed a motion to dismiss all the cases against them, saying that the Ombudsman’s “inordinate delay” in resolving their cases constitutes a violation of their constitutional right to speedy disposition of the cases against them.

The court also noted that the complainant FFIB, despite notice, did not object to petitioners’ motion to dismiss and yet the cases have remained unresolved.

Owing to the Ombudsman’s inaction on their cases, the petitioners filed the petition for mandamus before the SC, seeking the dismissal of their cases.

“It’s unfortunate that while petitioners exerted diligent efforts by filing several motions urging respondent to resolve their cases speedily, respondent, up to now, refuses to take action,” the SC said.

“Clearly, respondent’s inaction does not only violate petitioner’s right to speedy disposition of their cases guaranteed by the Constitution, but is also opposed to its role as the vanguard in the promotion of efficient service by the government to the people in ensuring accountability in public office,” it added.

The inaction of the Ombudsman, according to the SC, constitutes violation of due process.

The  SC  also  said   the Ombudsman’s  excuse that the prosecutors assigned to these cases are still reviewing and evaluating them with extreme care to arrive at a just determination “is not only unreasonable but also an afterthought.”

Enriquez, Endona and Amansec were charged before the Ombudsman for violation of the Antigraft and Corrupt Practices Act or Republic Act 3019, Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, gross neglect of duty, inefficiency, incompetence in the performance of official duties, grave misconduct and dishonesty.

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THE Supreme Court (SC) has ordered the Ombudsman to dismiss the administrative and criminal charges against former Land Registration Authority (LRA) administrator Alfredo Enriquez and two other officials of the agency owing to violation of their constitutional right to a speedy disposition of their cases.

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