SC dismisses coco levy graft case vs. Enrile ahead of 99th birthday

MANILA – The Supreme Court (SC) has dismissed the graft charges filed against former Senator Juan Ponce Enrile along with several others in connection with the coconut levy fund, citing the government’s failure to substantiate the delays in pursuing the case.

In its 52-page decision published online on Wednesday, February 8, the Court’s First Division dismissed the complaint against Enrile, who turns 99 years old next week, due to “violation of their constitutional right to a speedy disposition of the cases.”

Apart from Enrile, also covered by the order are businessman Jose Concepcion, Rolando dela Cuesta, Narciso Pineda and Danilo Ursua.

The court also ordered the dismissal of the same case against Eduardo Cojuangco Jr., Jose Eleazar, Maria Clara Lobregat, and Augusto Orosa in view of their supervening deaths.

“Taken in its entirety, there is a clear violation of the respondents’ constitutional right to speedy disposition of cases when petitioner republic failed to provide sufficient justification in the termination of the preliminary investigation. Consequently, a dismissal of the case is warranted,” the SC said.

“Allowing the case to proceed would unfairly burden the respondents. With this case pending for over 30 years and possibly more without assurance of its resolution, the Court recognizes that the tactical disadvantages carried by the passage of time should be weighed against the petitioner Republic and in favor of the respondents, Certainly, if this case were remanded for further proceedings, the already long delay would drag on longer,” the High Court said.

The SC added that the government failed to establish that the delay was reasonable and justified.

“In particular, petitioner Republic did not prove that it followed the prescribed procedure in the conduct of preliminary investigation and the prosecution of the case, the complexity of the issued and the volume of evidence made the delay inevitable and (that) no prejudice was suffered by the accused as a result of the delay,” it said.

The Office of the Solicitor General (OSG) representing the republic had taken the case to the SC after then Ombudsman Aniano Desierto in 1998, following the review and recommendation of graft investigator Emora Pagunuran, had dismissed the graft complaint filed against Enrile and the other respondents.

The Ombudsman said the complaint should be dismissed on the ground of proscription of late president Benigno “Noynoy” Aquino III at the Aquino family mausoleum at the Manila Memorial Park in Parañaque City on Wednesday, Feb. 8. Aquino died of renal disease secondary to diabetes on June 24, 2021. PNA photo by Yancy Lim