Cesante (FROM DALAGUETE OFFICIAL FACEBOOK PAGE)
THE Sandiganbayan’s First Division dismissed the graft complaint filed against Dalaguete Mayor Ronaldo Cesante due to delays in the Ombudsman’s preliminary investigation on his case.
In its seven-page resolution, the Sandiganbayan said three years and two months had lapsed from the filing of the complaint against Cesante until the completion of the Ombudsman’s preliminary investigation.
The complaint was filed on Sept. 4, 2012 by Ildebrando Almagro, the mayoral candidate whom Cesante beat in the 2010 elections.
Though the anti-graft office found probable cause to indict Cesante on March 19, 2013, the resolution was only approved on November 25, 2015.
Cesante filed a motion to quash the complaint filed against him, saying his constitutional rights to due process and speedy disposition of cases were violated.
The Ombudsman cited the mayor’s motion as premature and denied that there was a delay in the proceedings. But the Sandiganbayan said the issues raised in Cesante’s cases are not that complicated since it involved only a single transaction.
Despite the dismissal of the graft case filed against Cesante, the Sandiganbayan said this does not automatically clear the mayor of any civil liability, which the
complainant may prove in a subsequent civil proceeding.
The Ombudsman said their investigation showed that Cesante allegedly allowed his wife free use of four commercial spaces in the town since 2004, without any contract or payment.
Just days before his term ended in 2007, Cesante signed a lease contract in favor of his wife but without approval from the municipal council.