Ombudsman asks Sandiganbayan to reverse dismissal of graft raps vs. Masbate gov

Ombudsman prosecutors have asked the Sandiganbayan to reverse the dismissal of the graft cases against Masbate governor Antonio Kho and two others over the anomalous purchase of liquid fertilizer worth P4.9 million in 2004.

In a seven-page motion for reconsideration, the prosecutors insisted that there was no inordinate delay on the part of the Ombudsman in completing the preliminary investigation for the cases --- the ground which the court cited in dismissing the case.

"In this case, the prosecution submits that the period utilized in the conduct of preliminary investigation is justifiable. The Office observed due process by giving all the accused the opportunity to refute the charges in the complaint filed by Task Force Abono," the motion read.

The prosecutors also pointed out that the respondents did not raise the issue of delay even before the case information was filed before the Sandiganbayan.

"[T]heir inaction means that the supervening delay means to have been without their objection and thus they are deemed to have waived their right to do so," the prosecutors said.

Moreover, the prosecutors said the trial for the respondents should proceed in observance of the "inherent right of the state to prosecute offenders."

"In the interest of justice, the court should allow the trial of these case to proceed because the [P5-million] project supposedly for the Province of Masbate was not implemented as planned by the government to improve the lives of the farmers," their motion read.

"Wherefore, in view of the foregoing, it is respectfully prayed that the Resolution... dismissing the cases for violation of the constitutional right of the accused to speedy disposition of their cases, be reversed and set aside," it added.

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., was charged with 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. —ALG, GMA News