THE Sandiganbayan has struck down a motion for reconsideration filed by a former general manager of the Davao City Water District (DCWD), insisting that his right to speedy disposition of his cases was violated by the Office of the Ombudsman.
The anti-graft court threw out defendant Wilfredo Carbonquillo’s motion, saying it is a ploy to further delay the proceedings and a rehash of the arguments he had previously raised in his Motion to Quash Information.
In a resolution issued August 1, 2025, the Third Division noted that the defendant’s Motion for Reconsideration was anchored on a claim that there was undue delay in his cases even if he stayed at large for more than 20 years.
The cases involved allegations of irregularities in the bidding and award of the P33 million Cabantian Water Supply System Project in 1998.
“Carbonquillo’s Motion merely reiterated his claims and arguments in his Motion to Quash. However, Carbonquillo also unnecessarily draws a demarcation line between the Ombudsman’s preliminary investigation and his 24-year absence as a fugitive from justice,” the Court pointed out.
It declared that in failing to answer the allegations leveled against him, Carbonquillo is deemed to have waived his right to speedy disposition of his case.
“If Carbonquillo was serious and sincere in his belief that his constitutional right had indeed been violated during the preliminary investigation, he should have immediately filed a motion to quash based on that ground when the Information against him were filed with the Sandiganbayan instead of going into hiding for over two decades, thereby stalling the administration of justice,” the Sandiganbayan added.
It reminded the defendant that the Bill of Rights “is not a mere enumeration of rights to be mechanically invoked at one’s convenience.”
“It is apparent that the instant Motion is yet another ploy to delay the proceedings. We cannot allow this court to be made a party to such a dilatory tactic,” the court said.