Sandiganbayan clears Masbate gov, 2 others of graft

The Sandiganbayan has dismissed the graft case against Masbate Governor Antonio Kho and two others over the alleged anomalous purchase of liquid fertilizer worth P4.9 million in 2004.

In its 16-page resolution promulgated on Tuesday, the anti-graft court's First Division cleared Kho, along with Provincial Administrator and Bids and Awards Committee chairman Roger Rapsing and Victoria Ajero, area manager and collector for supplier Hexaphil Agriventures Inc. of two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act.

The Ombudsman accused Kho and Rapsing of conspiring with Ajero and Alex Rivera, president of Hexaphil of giving "unwarranted benefits" the company by purchasing a total of 7,141 bottles of liquid fertilizer at P700.08 each without public bidding.

The respondents made the procurement through direct contracting without valid justification and despite the availability of several other brands.

In dismissing the case, the court cited the "inordinate delay" on the part of the Ombudsman.

"[F]rom the time that the complaints against accused were filed on May 31, 2011, it took the Office of the Ombudsman a total of five years, five months and 21 days to complete the entire preliminary investigation stage before the same were filed in Court," the resolution said.

The case informations against the accused were filed with the Sandiganbayan on November 21, 2016.

"[S]uch period of time makes the delay inordinate and oppressive, and therefore a violation of the right of the accused to speedy disposition of cases," the resolution added.

Moreover, the court did not give weight to the prosection's argument that the delay in the case was caused by the "voluminous" work at the Ombudsman, the number of accused, the number of relevant documents, and the amount involved.

"The Court finds these reasons put forward by the prosecution implausible," the court said. 

"The issues raised by the parties are not complex. The number of respondents in these two cases are also not that numerous to justify the length of investigation," the court added.

Aside from the dismissal of their case, the cash and surety bonds of the respondents were also ordered released. The Hold Departure Orders issued against them were likewise ordered lifted. — RSJ, GMA News