Sandiganbayan junks ex-Rizal gov Ynares’ motion to dismiss graft raps

The Sandiganbayan has denied former former Rizal governor Casimiro Ynares Jr.'s appeal to dismiss the graft case filed against him over the alleged overpricing in the purchase of fertilizers in 2004 and 2005.

In a 14-page resolution, the anti-graft court's Third Division said the motion of Ynares failed to raise any "new or substantial legitimate ground or reason to justify" the dismissal of the case.

Ynares was charged with two counts each of violations of Section 3(e) and Section 3(g) of the Anti-Graft and Corrupt Practices Act.

Based on court records, Ynares and his co-accused entered into a contract with Feshan Philippines in November 2004 and March 2005 for the supply of 2,455 bottles of organic fertilizers for the province at P1,500 each without public bidding.

The Ombudsman said the organic fertilizers were purchased even as there is another foliar fertilizer brand available with a lower price.

It said the fertilizer contracts were each overpriced by P3.23 million.

In his motion, Ynares said his right to a speedy trial was violated, noting that the case information dated July 22, 2014 was filed on Feb. 6, 2017.

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

He said he filed his counter-affidavit on July 27, 2011, but it was only on August 19, 2015 when he received the resolution of the Ombudsman.

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, or a total elapsed time of more than 12 years since the alleged offense took place.

However, the Sandiganbayan said that it would still conclude that "there was no inordinate delay" in the cases even if it would consider the 12-year period argued by the former governor.

The Sandiganbayan further emphasized that it will not shy away from prosecuting criminal cases even if there was a delay in the fact-finding investigation.

"To reiterate, the delay which attended the fact-finding investigation and preliminary investigation of the herein accused-movants should not be a cause for an unfettered abdication by the Court of its duty to try and determine the controversy in these criminal cases," the resolution read.

"The protection under the right to a speedy disposition of cases should not operate to deprive the government of its inherent prerogative In prosecuting criminal cases," it added.

Presiding Justice Amparo Cabotaje-Tang penned the resolution, with the concurrence of Associate Justices Bernelito Fernandez and Sarah Jane Fernandez. —ALG, GMA News