In many interviews and press conferences to shed light on the prosecution of corruption cases involving Department of Public Works and Highways (DPWH) personnel, the Office of the Ombudsman and the Department of Justice (DOJ) often use the term “case build-up”.
In brief, there are two sides to the time element involved in filing the cases. One is that the cases should be filed with a view to winning them, with sufficient documentary and testimonial evidence. On the other hand, observers note that the case build-up is delaying case filings.
Cases are not a matter of perception. They are not propaganda. The courts will be guided by what is presented to them, not to satisfy popular beliefs and demands.
The Supreme Court said that a mere indication of case build-up does not justify delay.
Prosecutors are aware that a weak or slow case build-up can kill even a strong corruption case.
But it should not be used as a cover for inaction. The delay should only be for a reasonable period of time and therefore not indefinite.
In this sense, the high-value DPWH and flood control cases could take a long time to build, but we expect continuous progress, not prosecutors who are just bidding their time and sitting idle as the public waits.
If the delay is unjustified, the criminal case may be dismissed and the defendant acquitted for a constitutional rights violation.
But on the other side, the quality of the prosecution's efforts and evidence will outweigh speed.
Delay in case build-up occurs when the cases involve complex transactions, there are many respondents, the records are voluminous, and sourced from many agencies
The Office of the Ombudsman has been aware of this since the case build-up began. The feverish recruitment process to fill many positions at the Office of the Ombudsman and the Department of Justice is a clear indication that the government is beefing up to handle an increasing number of cases that need to be filed with a significant chance of winning.
A large number of documents are with the Office of the Ombudsman. There is no shortage of documents to use in the cases. Thus, it is up to this Office to speed up the case build-up. The Constitution and other laws vest the Ombudsman with the power and accountability to get its job done.
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