Ex-Palawan gov Joel Reyes seeks dismissal of fertilizer fund scam case

Former Palawan governor Joel Reyes has asked the Sandiganbayan to dismiss the graft case against him in connection with the alleged fertilizer fund scam.

In his seven-page motion, Reyes argued that his case should be dismissed because his constitutional rights to due process, speedy trial and speedy disposition of cases were violated.

Reyes cited the dismissal of the case of his co-accused, Department of Agriculture officer-in-charge Regional Technical Director Rodolfo Guieb and Regional Executive Director Dennis Araullo, in arguing for the dismissal.

The case of Guieb and Araullo was dismissed by the court in a resolution on March 15 due to "inordinate delay" on the part of the Ombudsman.

"For large stretches of time, most notably from August 24, 2011 to April 4, 2014, the case languished with the Ombudsman," the resolution for Guieb and Araullo's case read.

"From the foregoing, by itself, the time that this case spent pending preliminary investigation with the Ombudsman already reeks of inordinate delay," it added.

Reyes argued that the same should also apply in his case.

"The same resolution, its logic and the laws and jurisprudence it relied upon apply, and there is no reason not to apply the same squarely, to Reyes who is among those originally charged in the first complaint in this case and is similarly situated with accused Guieb and Araullo," his motion read.

Reyes was charged with one count of violation of Section 3(e) of RA 3019 or the Anti-Graft and Corrupt Practices Act over the allegedly anomalous procurement of P3.2-million worth of liquid fertilizers from the Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) in 2004 without public bidding.

Also facing the same charge is Reyes, MAMFI president Marina Sula and the NGO’s representative, Nathaniel Tan.

In its charge sheet filed before the Sandiganbayan, the Ombudsman said Reyes and his co-accused gave undue benefit to MAMFI by causing and/or approving the procurement of 3,240 bottles of fertilizer worth P3,250,000 without bidding the contract out.

The former governor also allegedly made it appear that MAMFI was a qualified NGO to approve the DA’s Farm Inputs and Farm Implements Program and that it submitted all the necessary documents for its accreditation when he supposedly knew that it was unqualified.

Moreover, the Ombudsman said Reyes also caused “undue injury to the government” by approving the release of the P3.2-million payment to MAMFI.

Aside from this case, Reyes is also facing 36 counts of violating RA 3019 in connection with his supposed involvement in construction projects in 2008 worth P1.53 billion sourced from the Malampaya gas field.

Reyes is also tagged as one of the masterminds behind the killing of broadcaster and environmentalist Gerry Ortega in 2011.

He and his brother, former Coron, Palawan Mayor Mario Reyes, are facing criminal charges in connection with Ortega’s slay. — RSJ, GMA News