583 Phil. 132
REYES, R.T., J.:
Maglei's application was submitted to Rolando A. Mendoza, Chief of the MMBWD for his comment and recommendation. In a Memorandum (for the District Collector of Customs) dated March 20, 1992, Mendoza reported that Maglei has substantially complied with the physical and documentary requirements relative to their application for the operation of a Customs Bonded Warehouse. Mendoza further recommended that Maglei's application be approved. Following the indorsements of the different divisions of the Bureau of Customs - Emma M. Rosqueta (District Collector of Customs); Titus B. Villanueva (Deputy Commissioner for Assessment and Operations); and Atty. Alex Gaticales (Executive Director of the Customs - SGS Import Valuation and Classification Committee) - Maglei's application was recommended for approval.1st Indorsement
16 March 1992
Respectfully forwarded to the Chief, MMBWD, This Port, the within papers relative to the request of MAGLEI ENTERPRISES CO., to establish and operate a Customs Manufacturing Bonded Warehouse, pursuant to CMO 39-91, to be located at 129 Jose Bautista St., Caloocan City, together with the attached report submitted by CBW Supervisor J. A.
Baliwag of this Office, inviting attention to the recommendation stated therein to which the undersigned concurs.(Sgd.)
Atty. Ben C. Jurado
Chief
Warehousing Inspection Division[5]
WHEREFORE, premises considered; the undersigned investigators respectfully recommend the following:On October 17, 1997, the OMB approved the above recommendation.
- That criminal charges for violation of Section 3(e) of RA 3019 and Section 3081 of the Tariff and Customs Code be filed against the following officials namely:
- Emma M. Rosqueta
Director Collector, Port of Manila- Rolando A. Mendoza
Chief, Miscellaneous Manufacturing
Bonded Warehouse Division- Alex Gaticales
Executive Staff, Deputy Commissioner- Ben C. Jurado
Chief, Warehouse Inspection Division
CBW Supervisor- Juanito A. Baliwag
CBW Supervisor- George P. Dizon
Senior Storekeeper
All of the Bureau of Customs, and- Rose Cuyos and John Elvin C. Medina
Owner, Maglei Enterprises
Private Respondents- That records of this case be forwarded to the EPIB, this Office for the conduct of the required preliminary investigation
- That administrative charges for dishonesty and gross misconduct be likewise filed against the above-named BOC officials before the AAB, this Office.[6]
Foregoing premises considered, the Petition is GIVEN DUE COURSE. Resultantly, the challenged Decision/Resolution of the Ombudsman is hereby REVERSED and SET ASIDE. No costs.In ruling in favor of respondent, the appellate court ratiocinated:
SO ORDERED.[7]
Indeed, we are in accord with Petitioner's arguments that his right to speedy disposition of cases had been violated. To be sure, Section 16, Article III of the 1987 Constitution provides thus:
"All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies."x x x x
In the case at bench, the incident which gave rise to the complaint against Petitioner happened on March 16, 1992. And yet it was only on November 20, 1997 or a lapse of more than five (5) years that the case relative to the said incident was filed against him. Records disclose that on August 11, 1992, the complaint only charged George O. Dizon and 2 others. Then on February 13, 1996 or after almost 4 years, the Evaluation and Preliminary Investigation Bureau of the OMB made another recommendation which ultimately included Petitioner as among those to be charged. From February 13, 1996 to November 20, 1997 or a period of more than one (1) year, what took them so long to decide that Petitioner be included in the charges?
From the foregoing unfolding of events, it is quite clear that it took the Ombudsman almost six (6) years to decide that a case be filed against Petitioner. Under such circumstances, We cannot fault Petitioner for invoking violation of his right to speedy disposition of his case.
More importantly, We do not agree that Petitioner, under attendant facts and circumstances can be held liable for negligence. First of all, Petitioner as, Deputy Commissioner for Assessment and Operation, did not have the duty to make inspection on the alleged warehouse. Such duty belongs to other personnel/officers. Secondly, in Petitioner's 1st Indorsement dated March 22, 1992, he merely stated thus:"Respectfully forwarded to the Chief, MMBWD, This Port, the within papers relative to the request of MAGLEI ENTERPRISES CO., to establish and operate a Customs Manufacturing Bonded Warehouse, pursuant to CMO 39-91, to be located at 129 Jose Bautista St., Caloocan City, together with the attached report submitted by CBW Supervisor J.A. Baliwag of this Office, inviting attention to the recommendation stated therein to which the undersigned concurs." (p. 185, Rollo)A careful reading of said 1st Indorsement undoubtedly shows that Petitioner invited attention to the inspector's (Supervisor Baliwag) qualified recommendation, to wit:"Approval respectfully recommended, subject to re-inspection, before transfer of imported goods." (Underscoring for emphasis.)After Petitioner made the indorsement, he no longer had any participation nor was he under obligation or duty to make a re-inspection. If afterwards damage was suffered, Petitioner cannot be faulted but rather only those who had the duty to make re-inspection. It is precisely because of such fact that the criminal complaint filed against Petitioner did not prosper. Where there is no duty or responsibility, one should not be held liable for neglect, as what has been done to Petitioner.[8]
WHETHER OR NOT RESPONDENT'S RIGHT TO SPEEDY TRIAL WAS VIOLATED;II.
WHETHER OR NOT RESPONDENT WAS NEGLIGENT IN THE PERFORMANCE OF HIS DUTY, AS THE CHIEF OF THE WAREHOUSING INSPECTION DIVISION, DESPITE THE FACT THAT HE DID NOT ENSURE THAT THE SUPPOSED WAREHOUSE WAS NOT IN EXISTENCE.[9]
In the Tatad case, there was a hiatus in the proceedings between the termination of the proceedings before the investigating fiscal on October 25, 1982 and its resolution on April 17, 1985. The Court found that "political motivations played a vital role in activating and propelling the prosecutorial process" against then Secretary Francisco S. Tatad. In the Angchangco case, the criminal complaints remained pending in the Office of the Ombudsman for more than six years despite the respondent's numerous motions for early resolution and the respondent, who had been retired, was being unreasonably deprived of the fruits of his retirement because of the still unresolved criminal complaints against him. In both cases, we ruled that the period of time that elapsed for the resolution of the cases against the petitioners therein was deemed a violation of the accused's right to a speedy disposition of cases against them.Second. Even if We were to reckon the period from when respondent was administratively charged to the point when the Ombudsman found respondent administratively liable, We still find no violation of the right to speedy disposition of cases.
In the present case, no proof was presented to show any persecution of the accused, political or otherwise, unlike in the Tatad case. There is no showing that petitioner was made to endure any vexatious process during the two-year period before the filing of the proper informations, unlike in the Angchangco case where petitioner therein was deprived of his retirement benefits for an unreasonably long time. Thus, the circumstances present in the Tatad and Angchangco cases justifying the "radical relief" granted by us in said cases are not existent in the present case."[15] (Emphasis supplied)
The Court went on to adopt a middle ground: the "balancing test," in which "the conduct of both the prosecution and defendant are weighed." Mr. Justice Powell, ponente, explained the concept, thus:The Court likewise held in Dela Peña v. Sandiganbayan:[19]A balancing test necessarily compels courts to approach speedy trial cases on an ad hoc basis. We can do little more than identify some of the factors which courts should assess in determining whether a particular defendant has been deprived of his right. Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.
The length of the delay is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is no necessity for inquiry into the other factors that go into the balance. Nevertheless, because of the imprecision of the right to speedy trial, the length of delay that will provoke such an inquiry is necessarily dependent upon the peculiar circumstances of the case. To take but one example, the delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex conspiracy charge.
Closely related to length of delay is the reason the government assigns to justify the delay. Here, too, different weights should be assigned to different reasons. A deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay. We have already discussed the third factor, the defendant's responsibility to assert his right. Whether and how a defendant asserts his right is closely related to the other factors we have mentioned. The strength of his efforts will be affected by the length of the delay, to some extent by the reason for the delay, and most particularly by the personal prejudice, which is not always readily identifiable, that he experiences. The more serious the deprivation, the more likely a defendant is to complain. The defendant's assertion of his speedy trial right, then, is entitled to strong evidentiary weight in determining whether the defendant is being deprived of the right. We emphasize that failure to assert the right will make it difficult for a defendant to prove that he was denied a speedy trial.
A fourth factor is prejudice to the defendant. Prejudice, of course, should be assessed in the light of the interests of defendants which the speedy trial right was designed to protect. This Court has identified three such interests: (i) to prevent oppressive pretrial incarceration; (ii) to minimize anxiety and concern of the accused; and (iii) to limit the possibility that the defense will be impaired. Of these, the most serious is the last, because the inability of a defendant adequately to prepare his case skews the fairness of the entire system. If witnesses die or disappear during a delay, the prejudice is obvious. There is also prejudice if defense witnesses are unable to recall accurately events of the distant past. Loss of memory, however, is not always reflected in the record because what has been forgotten can rarely be shown.[18] (Underscoring supplied)
The concept of speedy disposition is relative or flexible. A mere mathematical reckoning of the time involved is not sufficient. Particular regard must be taken of the facts and circumstances peculiar to each case. Hence, the doctrinal rule is that in the determination of whether that right has been violated, the factors that may be considered and balanced are as follows: (1) the length of the delay; (2) the reasons for the delay; (3) the assertion or failure to assert such right by the accused; and (4) the prejudice caused by the delay.[20]To reiterate, there is a violation of the right to speedy disposition of cases when the proceedings are attended by vexatious, capricious, and oppressive delays; or when unjustified postponements of the trial are asked for and secured, or when without cause or justifiable motive a long period of time is allowed to elapse without the party having his case tried.[21]
We find the long delay in the termination of the preliminary investigation by the Tanodbayan in the instant case to be violative of the constitutional right of the accused to due process. Substantial adherence to the requirements of the law governing the conduct of preliminary investigation, including substantial compliance with the time limitation prescribed by the law for the resolution of the case by the prosecutor, is part of the procedural due process constitutionally guaranteed by the fundamental law. Not only under the broad umbrella of the due process clause, but under the constitutional guarantee of "speedy disposition" of cases as embodied in Section 16 of the Bill of Rights (both in the 1973 and 1987 Constitution), the inordinate delay is violative of the petitioner's constitutional rights. A delay of close to three (3) years can not be deemed reasonable or justifiable in the light of the circumstances obtaining in the case at bar. We are not impressed by the attempt of the Sandiganbayan to sanitize the long delay by indulging in the speculative assumption that "the delay may be due to a painstaking and gruelling scrutiny by the Tanodbayan as to whether the evidence presented during the preliminary investigation merited prosecution of a former high-ranking government official." In the first place, such a statement suggests a double standard of treatment, which must be emphatically rejected. Secondly, three out of the five charges against the petitioner were for his alleged failure to file his sworn statement of assets and liabilities required by Republic Act No. 3019, which certainly did not involve complicated legal and factual issues necessitating such "painstaking and grueling scrutiny" as would justify a delay of almost three years in terminating the preliminary investigation. The other two charges relating to alleged bribery and alleged giving of unwarranted benefits to a relative, while presenting more substantial legal and factual issues, certainly do not warrant or justify the period of three years, which it took the Tanodbayan to resolve the case.Too, in Angchangco v. Ombudsman,[24] this Court ruled that the delay of almost six (6) years in resolving the criminal charges constitutes a violation of the right of the accused to due process and speedy disposition of the cases against them.
It has been suggested that the long delay in terminating the preliminary investigation should not be deemed fatal, for even the complete absence of a preliminary investigation does not warrant dismissal of the information. True - but the absence of a preliminary investigation can be corrected by giving the accused such investigation. But an undue delay in the conduct of the preliminary investigation can not be corrected, for until now, man has not yet invented a device for setting back time.[23]
Sec. 5. Substantial evidence. - In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. (Underscoring supplied)Substantial evidence does not necessarily mean preponderant proof as required in ordinary civil cases, but such kind of relevant evidence as a reasonable mind might accept as adequate to support a conclusion or evidence commonly accepted by reasonably prudent men in the conduct of their affairs.[27]
x x x Be that as it may, its dismissal of the criminal case on the ground of insufficiency of evidence was never meant, as respondent doggedly believed and arrogantly asserted, to foreclose administrative action against him or to give him a clean bill of health in all respects. The Sandiganbayan, in dismissing the same, was simply saying that the prosecution was unable to prove the guilt of the respondent beyond reasonable doubt, a condition sine qua non for conviction because of the presumption of innocence which the Constitution guarantees an accused. Lack or absence of proof beyond reasonable doubt does not mean an absence of any evidence whatsoever for there is another class of evidence which, thought insufficient to establish guilt beyond reasonable doubt, is adequate in civil cases; this is preponderance of evidence. Then too, there is the "substantial evidence" rule in administrative proceedings which merely requires in these cases such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.[29]Verily, respondent can still be held administratively liable despite the dismissal of the criminal charges against him.
Evidence on record shows that on 16 March 1992, respondent Juanito Baliwag (Customs Bonded Warehouse Supervisor) submitted an Inspection Report of the same date showing the result of an ocular inspection of the proposed warehouse of applicant Maglei Enterprises with the recommendation: "approval respectfully recommended subject to re-inspection before the transfer of imported goods is allowed" and with the observation that construction is going on for compartments for raw materials, finished products and wastages by products. On the same date, 16 March 1992, respondent Ben Jurado (Chief, Warehousing Inspection Division) issued 1st Indorsement concurring with the recommendation of CBW Inspector and co-respondent Juanito Baliwag for the approval of the application.As adverted to earlier, the Warehousing Inspection Division is the inspection and audit arm of the Bureau of Customs. Respondent Jurado, as chief of the said division, was duty-bound to verify the accuracy of the reports furnished by his subordinates. We agree with the Ombudsman that respondent failed to validate the report of Baliwag and initiate, institute or recommend the conduct of appropriate investigation immediately upon discovery of the irregularity. As a supervisor, respondent was clearly negligent in the performance of his duties.x x x x On 08 July 1992, respondent Rolando Mendoza directed George Dizon (Documents Processor) to verify the existence and operation of several bonded warehouses including the warehouse of applicant Maglei Enterprises. On 23 July 1992, the same George Dizon was again directed by respondent Rolando Mendoza to verify the transfer of shipment covered Boat No. 13853454 in a container van with No. GSTV 824227 to the warehouse of Maglei Enterprises (CBW No. M-1467). In those two occasions, respondent George Dizon reported the existence of the applicant's Warehouse located at No. 129 Jose Bautista Avenue, Caloocan City.
x x x x Evidence on records likewise revealed that No. 129 Jose Bautista Avenue, Caloocan City which was given as the location address of CBW No. M-1467 is actually the address of a school, that of the School of Divine Mercy.x x x x
While respondent Dizon was authorized to verify the existence of Maglei Enterprises Warehouse, it is admitted that he did not even look and see the premises of the alleged warehouse. Likewise, CBW Supervisor and co-respondent Baliwag made a report on the existence of the bonded warehouse earlier on 16 March 1992 in his Compliance with Structural Requirements For Customs Bonded Warehouse Inspection Report. Both Dizon and Baliwag reported the existence of the Warehouse in their respective and separate reports.
On the basis of the foregoing undisputed facts, it is apparent that the immediate cause of the injury complained of was occasioned not only by the failure of the CBW Inspectors to conduct an ocular inspection of the premises in a manner and in accordance with the existing Customs rules and regulations as well as the failure of their immediate supervisors to verify the accuracy of the reports, but also by subverting the reports by making misrepresentation as to the existence of the warehouse.x x x x
Respondent, Ben Jurado, the Chief of the WID, cannot likewise escape liability for Neglect of Duty since his Office is the inspection arm of the District Collector of Customs.[32]