According to angchonco jr v ombudsman inordinate

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According to Angchonco, Jr. v. Ombudsman, inordinate delay in resolving a criminal complaint, being violative of the constitutionally guaranteed right to due process and to the speedy disposition of cases, warrants the dismissal of the criminal case. Was the delay on the part of the Office of the Ombudsman vexatious, capricious, and oppressive? We answer in the affirmative. The acts of the respondents that the Office of the Ombudsman investigated had supposedly occurred in the period from February 13, 2001 to February 23, 2001. Yet, the criminal complaint came to be initiated only on November 25, 2002 when Ombudsman Marcelo requested PAGC to provide his office with the documents relevant to the exposé of Cong. Villarama. Subsequently, on December 23, 2002, Cong. Jimenez submitted his complaint-affidavit to the Office of the Ombudsman. It was only on November 6, 2006, however, when the Special Panel created to investigate Cong. Jimenez’s criminal complaint issued the Joint Resolution recommending that the criminal informations be filed against the respondents. Ombudsman Gutierrez approved the Joint Resolution only on January 5, 2007. The Special Panel issued the second Joint Resolution denying the respondents’ motion for reconsideration on January 25, 2008, and Ombudsman Gutierrez approved this resolution only on April 15, 2008. Ultimately, the informations charging the respondents with four different crimes based on the complaint of Cong. Jimenez were all filed on April 15, 2008, thereby leading to the commencement of Criminal Case No. SB- 08- CRM-0265 and Criminal Case No. SB-08- CRM-0266. In sum, the fact-finding investigation and preliminary investigation by the Office of the Ombudsman lasted nearly five years and five months. It is clear from the foregoing that the Office of the Ombudsman had taken an unusually long period of time just to investigate the criminal complaint and to determine whether to criminally charge the respondents in the Sandiganbayan. Such long delay was inordinate and oppressive, and constituted under the peculiar circumstances of the case an outright violation of the respondents’ right under the Constitution to the speedy disposition of their cases. If, in Tatad v. Sandiganbayan, the Court ruled that a delay of almost three years in the conduct of the preliminary investigation constituted a violation of the constitutional rights of the accused to due process and to the speedy disposition of his case, taking into account the following, namely: (a) the complaint had been resurrected only after the accused had a falling out with former President Marcos, indicating that political motivations had played a vital role in activating and propelling the prosecutorial process; (b) the Tanodbayan had blatantly departed from the established procedure prescribed by law for the conduct of preliminary investigation; and (c) the simple factual and legal issues involved did not justify the delay, there is a greater reason for us to hold so in the respondents’ case.
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