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Francisco Dela Pena, et al vs Sandiganbayan, et al

FRANCISCO DELA PENA and, TRANQUILINO BENIGNO, petitioners, vs. THE SANDIGANBAYAN, FOURTH DIVISION, THE SPECIAL PROSECUTOR and COMMISSION ON AUDIT, REGION XI, respondents.

G.R. No. 144542 | 2001-06-29

D E C I S I O N

DAVIDE, JR., C.J.:

In this petition for certiorari, petitioners ascribe to public respondent Sandiganbayan grave abuse of discretion in denying their motion to quash or dismiss Criminal Case No. 23662, which was premised on the ground of inordinate delay in the conduct of the preliminary investigation amounting to a violation of their constitutional rights to due process of law and to a speedy disposition of the case against them.

As culled from the pleadings of the parties, these facts are duly established:

In accordance with Regional Assignment Order No. 91-835 of 12 July 1991 the Commission on Audit (COA) created a Special...