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Sandiganbayan refuses to junk Garcia’s graft rap

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The Sandiganbayan Second Division has denied the Cebu Rep. Gwendolyn Garcia’s motion for reconsideration over her anti-graft case for purchasing the Balili property in Barangay Tina-an, Naga City.

The case stemmed from the acquisition by the provincial government of the Balili property with 249,246 square meters consisting of 11 parcels of land for P98,926,800 in 2008.

It was later learned that 196,696 square meters of the property were underwater and part of a mangrove area.

In denying the motion, Associate Justice Lorifel Pahimna said in The Freeman report that Garcia’s arguments lacked merit and were mere repetition of her motion to dismiss.

“Applying the foregoing and without being too repetitious, this court finds that there is clearly no violation of movant’s constitutional right to speedy disposition of her cases as the time it took the Ombudsman to complete the investigation and the time the plaintiff has prosecuted the instant cases before this court can hardly be considered an unreasonable and arbitrary delay,” the resolution dated January 22, 2019 read.

“There is nothing in the records to show that said period was characterized by delay which was vexatious, capricious or oppressive,” added the Sandiganbayan.

Garcia earlier filed a motion for reconsideration after her motion to dismiss was denied.

The politiko claimed that her constitutional right to speedy disposition of cases was violated.