The Municipal Trial Court of Virac has dismissed the case filed in 2020 against former Governor Joseph C. Cua over the alleged violation of the National Building Code, citing the violation of his constitutional right to the speedy disposition of his case.
In a ruling issued on Sept. 18, 2026 but released today, MTC Judge Myra S. Mangente denied the Motion to Quash Information filed by Cua’s counsel who claimed that the facts charged in the Information do not constitute an offense and the Information does not conform to the prescribed form.
However, the Court granted the Motion to Dismiss Criminal Case No. 7174 for Violation of Section 301 in relation to Section 213 of Presidential Decree 1096.
Judge Mangente noted that “without just cause or justifiable motive, the accused’s case remained dormant for three years until it was transferred back to the Regional Trial Court of Catanduanes.”
It may be recalled that the complaint-affidavit against the then sitting provincial chief executive was filed by Andy Po II on June 9, 2020, alleging that the accused demolished or removed the existing seawall and erected, constructed and improved a building or structure along the shorelines of Palnab del Sur in Virac without obtaining a building permit.
On the motion to quash information, the MTC said the information substantially alleges the elements of the crime and the circumstances constituting the charge and that the accused’s defense must be proved during trial.
In granting the motion to dismiss for violation of his right to speedy trial and speedy disposition of cases, Judge Mangente had to trace the timeline of the case to determine if there was inordinate delay.
According to the judge’s ruling, while the conduct of preliminary investigation proceedings before the Office of the Ombudsman was within the time periods provided under the Rules of Court, the succeeding proceedings were marred by inordinate and unjustified delays after the issuance of the Joint Resolution No. 2 and two (2) Informations on July 18, 2023.
The Court noted that three years lapsed from July 18, 2023, when the joint resolution and 2 informations were endorsed by the Office of the Ombudsman to the Office of the Provincial Prosecutor of Catanduanes with instructions to file and prosecute, to June 17, 2026, when the Information was filed in the proper court.
It said that the case should have been filed before the MTC of Virac, considering that the Information was for violation of Section 301 in relation to Section 213 of PD 1096 and it did not allege that the acts were committed in relation to the office of the accused.
The misfiling of the case before the Regional Trial Court of Catanduanes led to a series of circumstances resulting in further delays: 1) Application of OCA Circular 211-2019 (on the assumption that the crime was committed in relation to public office) to the case which led the RTC to forward the case to RTC Calauag, Quezon; 2) Confusion as to which court (RTC or MTC of Calauag) has jurisdiction over the case after the records were received by the RTC of Calauag; and 3) Inaction for three years from the time the case was entered in the docket of MTC Calauag until the same was returned to RTC Catanduanes on March 31, 2026.
Judge Mangente noted that what was glaring in the case was that, from the time the Information was filed in Court on July 18, 2023 and despite the lapse of more than three years, the accused was not arraigned.
The accused should have been arraigned on or before Oct. 5, 2023 by MTC Calauag, within the 30 day period after the accused voluntarily surrendered on Sept. 5, 2023 and posted bail at MTC San Andres, Catanduanes.
The prosecution countered that the three-year delay should be excluded in computing the time period because it is a delay from other proceedings concerning the accused such as delay resulting from change of venue of cases or transfer from other courts.
However, the MTC cited a Supreme Court ruling in Churchille Mari vs. Hon. Rolando Gonzales that the period for change of venue or transfer of cases from other courts could be excluded from the computation of the time period only if it was the accused who instituted the proceeding.
“The case, therefore, against the accused should be dismissed as his constitutional right to the speedy disposition of his case has been infringed,” Judge Mangente stressed in her 11-page decision.
In an official statement, Cua emphasized that the court’s decision is a clear vindication and proof that the truth will always prevail over trial by public opinion.
His strongly condemned the malicious leaking of his unblurred mugshot and investigation report to social media following his arrest by the Catanduanes police on July 13, 2026.
Cua announced that his legal counsel is now preparing the appropriate legal steps against the institutions or individuals responsible for the blatant data privacy breach.
This move aims to hold the perpetrators accountable and ensure that no other private citizen falls victim to such unprofessionalism and online toxicity, he said.
He also urged the public to be vigilant against false narratives online, stating that media spin and smear campaigns should never be accepted as the truth.
Moving forward, Cua declared that he will focus his time on living a private life and helping the community in his private capacity. He called on his fellow Catandunganons to reject the culture of political toxicity and instead work together for a more peaceful province.