Sandiganbayan denies dismissal motion of ex-Quirino gov Bacani

The Sandiganbayan has denied the bid of former Quirino governor Pedro Bacani to dismiss his graft charges over the allegedly anomalous purchase of P4.99 million worth of fertilizers.

In an 11-page resolution dated March 15, the Second Division junked the motion to dismiss of Bacani for "lack of merit" and ruled to continue the proceedings of his case for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The case stemmed from the awarding of a contract to Akame Marketing International for the procurement of NBEM-21 Microbial Inoculant Soil Activator without undergoing a public bidding.

He allegedly conspired with Edilberto Apostol and Kevin Apostol, general manager and representative of Akame, respectively, on the purchases made in 2004 for the province’s Farm Inputs and Farm Implements Program.

In his motion, Bacani argued that his right to a speedy disposition of cases was violated since it took the Office of the Ombudsman more than 10 years from the conduct of its fact-finding probe to the filing of the case.

Bacani also said there is no proof that he gave unwarranted benefits to Akame, saying the local government is authorized to resort to direct contracting under the Government Procurement Reform Act.

However, the Sandiganbayan sided with the prosecution, which said it took that long since the case against Bacani was an offshoot of the Fertilizer Fund scam where numerous government officials are supposedly involved.

"It was not an easy mission for (Task Force Abono) to pursue the perpetrators who already covered up their tracks and discerning how the embezzlement were committed. The magnitude of the far reaching controversy dictated hard work diligence and thoroughness," the resolution read.

The anti-graft court also took note of the failure of Bacani to file his countervailing evidence at the Ombudsman which it considers as the former governor's waiver of his right.

"Noteworthy is the fact that the accused movant did not present any countervailing evidence despite due notice during preliminary investigation by the Office of the Ombudsman," the Sandiganbayan said.

"This blatant disregard of the lawful order of the Ombudsman was construed by the latter as a waiver of his right to speedy disposition of cases," it added.

The Sandiganbayan further said the arguments of Bacani on his innocence of graft are "better ventilated during the trial proper."

Associate Justice Lorifel Pahimna penned the resolution, with the concurrence of division chairperson Associate Justice Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi. —KBK, GMA News