Prosecutors appeal dismissal of ex-Palawan gov Joel Reyes' fertilizer fund case

Ombudsman prosecutors have appealed the dismissal of the graft case against former Palawan governor Joel Reyes and two of his co-accused in connection with the fertilizer fund scam.

In their six-page motion for reconsideration, the prosecutors urged the anti-graft court's Fifth Division to reverse its dismissal of the graft case against Department of Agriculture officer-in-charge Regional Technical Director Rodolfo Guieb and Regional Executive Director Dennis Araullo, Reyes' co-accused in the case.

Fifth Division clerk of court Atty. Liezel De Leon said the prosecutors also adopted the same motion as regards Reyes.

In its earlier resolutions, the court granted Reyes, Guieb and Araullo's motions to quash, citing inordinate delay on the part of the Ombudsman in conducting the proceedings of their case, which is a violation of their right to speedy disposition of cases.

But the prosecutors, in their motion, argued that the court erred in coming up with such conclusion.

"The prosecution submits that there was no more delay in this particular case than is reasonably attributable to the ordinary processes of justice," the prosecutors said.

"If there was delay in the resolution of this case by the Office of the Ombudsman, the same was not vexatious, oppressive and capricious," they added.

The prosecutors explained that the protracted period of investigation was due to the resolution of numerous documents filed by the accused, including affidavits and counter-affidavits.

"As such, the said delay in the proceedings is justified and should not be taken against the Office of the Ombudsman which ensured that due process was afforded to all the accused," the prosecutors said.

Citing records of the case, the prosecutors added that the accused suffered "no serious prejudice" from the delay during the preliminary investigation of the case.

They also pointed out that the accused did not file any motion for the early resolution of the case.

Even though it was not Reyes and his co-accused's duty to follow up on their case, the prosecutors argued that "still it is unusual for the accused to allow and let the years pass without doing anything and let the investigation linger."

The prosecutors added that the accused can better prove their innocence in a full-blown trial.

Reyes, 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 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.

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

Reyes is also facing 36 counts of graft in connection with his supposed involvement in construction projects in 2008 worth P1.53 billion sourced from the Malampaya gas field.

Aside from this, Reyes is also tagged as 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. —KG, GMA News