Sandigan upholds ruling to continue fertilizer scam case vs. ex-Rizal Gov. Ynares

The Sandiganbayan has upheld its decision to continue the graft trial of former Rizal Governor Casimiro Ynares Jr. over his alleged overpriced purchase of organic fertilizers.

A resolution from the Third Division on January 3 denied the motion for reconsideration of Ynares for lack of merit. It denied the same appeal of his co-accused, former assistant department head Romulo Arcilla Jr.

“After an assiduous evaluation of the arguments raised by the accused-movants in their subject motion for reconsideration and the comment/opposition thereto of the prosecution the Court resolves to deny the same,” the Sandiganbayan said.

Ynares and Arcilla had sought the reversal of the Sandiganbayan’s decision to junk his bid to suspend the proceedings.

However, the Sandiganbayan said both defendants failed to raise new arguments in their appeal. It noted that their plea was already moot and academic because the Supreme Court already denied their petition for certiorari.

The Sandiganbayan also cited in its resolution a portion of the SC ruling, which found “no grave abuse of discretion” against the court when it denied the motion to quash of Ynares and Arcilla.

Both allegedly entered into a contract with Feshan Philippines in November 2004 for the supply of 1,266 bottles of organic fertilizers for the province at a price of P1,500 each without the conduct of a public bidding.

Moreover, the prosecutors said the organic fertilizer was still purchased even as there is another foliar fertilizer brand available with a lower price of P176 per bottle. This resulted in a total overprice of P1.67 million.

The same incident occurred in March 2005, the prosecutors said, when the respondents brought 1,189 bottles of organic fertilizer from the same supplier at P1,500 each.

This, even as there is another available brand of foliar fertilizer priced at only P187 per bottle, resulting again in a total overprice of P1.56 million. — MDM, GMA News