Court Dismisses Charges vs. Market Employees

The Municipal Trial Court in Cities (MTCC) in Cebu City dismissed the graft charges filed against four Cebu City market employees because the prosecution has failed to present the necessary evidences to prove their guilt beyond reasonable doubt even after 13 years of delayed trial.

MTCC Branch-3 Judge Gil Acosta dismissed the case filed by Eliza Nabisaga against Market supervisor Salvador Doctor, Susan Guerra, Rosellen Namoc and Teresita Jaca because to continue hearing the case may already constitute a violation to the Speedy Trial Act.

Nabisaga filed the case for violation of Section 7 of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees on March 9, 2000 against the respondents whom she accused of demanding P3,000 from her in exchange for a stall at Pardo market.

Doctor said that during that time Namoc was still the Pardo market in-charge while Jaca was the market fee collector and Guerra was assigned at the market operations division at the City Hall. The three of them denied the allegation.

The records showed that the prosecution presented its first witness before the court on August 2001, then the second witness on September 11, 2003 and the third witness on October 9, 2007.

Section 16, Article III of the Constitution provides that all persons shall have the right to a speedy disposition of cases before all judicial, quasi-judicial or administrative bodies.

Acosta’s order of dismissal cited the case of Lopez vs. Ombudsman where the anti-graft body took four years to resolve the preliminary investigation of the case and the Supreme Court ruled that the petitioner was denied of his right and is entitled to a dismissal of his case.

After the court dismissed the case filed against four market employees, Doctor had requested Mayor Michael Rama that they will be reimbursed of their salaries during the six months period that they were suspended.

“It is a great pleasure to our family to receive what is due for us being victims of harassment and humiliation from the crime we never committed,” said Doctor.

The mayor had not yet made a decision about the request.