Ex-Rizal Gov. Ynares asks Sandiganbayan to dismiss graft raps

Former Rizal Governor Casimiro Ynares Jr. has asked the Sandiganbayan to dismiss the graft charges filed against him over the alleged overpricing in the purchase of fertilizers in 2004 and 2005.

In his 11-page motion filed before the anti-graft court's Third Division, Ynares, through his counsel, argued that his cases should be dismissed because his right to speedy trial has been violated.

He said the filing of information dated July 22, 2014 on February 6 violated his right to speedy disposition of cases.

Ynares said a complaint-affidavit was filed by the Task Force Abono-Field Investigation Office on May 2, 2011, referring to the alleged transactions in 2004. There allegedly was a fact-finding investigation prior to the filing.

He then filed his counter-affidavit on July 27, 2011, but it was only on August 19, 2015 when he received the resolution of the Ombudsman to his counter-affidavit dated June 13, 2014.

Ynares filed his motion for reconsideration on August 24, 2015, only to receive an order from the Ombudsman denying his motion on August 16, 2016.

"More than 12 years have elapsed from the date of the alleged commission of the offense, the filing of the complaints to the termination of the preliminary investigation and the filing of the Information," his motion read.

It added that hence, the "accused is entitled to the quashal or dismissal of the instant case."

Ynares was charged with two counts each of violation of Section 3(e) and Section 3(g) of RA 3019 or the Anti-Graft and Corruption Act.

Also charged for the same violations were Rizal provincial accountant Cecilia Almajose, provincial agriculturist Danilo Rumbawa, assistant department head Romulo Arcilla Jr., department head Eugene Durusan, assistant budget officer Victorina Olea, provincial legal officer Eduardo Torres, provincial engineer Danilo Collantes, provincial administrator Virgilio Esguerra, and Feshan Philippines representative Mallyne Araos.

According to the case information, the respondents, in November 2004 and March 2005, entered into a contract with Feshan Philippines to supply a total of 2,455 bottles of organic fertilizers for the province at a price of P1,500 each.

This purchase, however, was conducted without public bidding, the case information said.

Moreover, the prosecutors said the organic fertilizers were still purchased even as there is another foliar fertilizer brand available with a lower price. This, they said, resulted in a total overprice of P3.23 million for both instances.

The prosecutors claimed the respondents violated Section 3(e) of RA 3019 when it gave “unwarranted benefits, privilege and advantage” to Araos and Feshan Philippines.

Meanwhile, Section 3(g) of the same law was also violated when the respondents entered into a contract that is “grossly disadvantageous” to the government, they added. —KBK, GMA News