Sandiganbayan clears DA execs in graft rap with ex-Palawan gov Reyes

The Sandiganbayan has dismissed the graft case against two Department of Agriculture (DA) officials accused with former Palawan governor Joel Reyes in connection with the fertilizer fund scam.

In its 14-page resolution promulgated on March 15 but made available to the media on Thursday, the anti-graft court's Special Fifth Division granted the motion to quash filed by DA officer-in-charge Regional Technical Director Rodolfo Guieb and DA Regional Executive Director Dennis Araullo, hence clearing them of their case.

In dismissing the case, the court cited the "inordinate delay" on the part of the Ombudsman, which is a violation of the accused's right to speedy disposition of cases.

"For large stretches of time, most notably from August 24, 2011 to April 4, 2014, the case languished with the Ombudsman," the resolution 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.

Moreover, the court rejected the prosecution's argument that the case was a "complex" one involving voluminous records and requiring rigorous investigation.

"The immense scope of the nationwide Fertilizer Fund Scam does not escape the cognizance of this Court. Nevertheless, the delay of a decade cannot be countenanced lest we run afoul of the Constitutional protection afforded by the right to speedy disposition of cases," the resolution read.

"Ten years to investigate the case is simply too lengthy to be reasonable even under the circumstances extant in the case at bar," it added.

Guieb and Araullo were 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 for being 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