Solon’s motion to quash graft case opposed

Government prosecutors have asked the Sandiganbayan to junk separate motions to quash and dismiss the graft and malversation charges against North Cotabato Representative Nancy Catamco and her co-defendants over the alleged unlawful disbursement 15 million fertilizer fund in 2004.

The Office of the Special Prosecutor said the claim of inordinate delay by accused Catamco together with coaccused former Poro, Cebu municipal mayor Edgar Rama and Sangguniang Bayan Member William Surbano should be thrown out for lack of basis.

Prosecution Bureau 13 acting director Karen Funelas and assistant special prosecutor Ma. Theresa Amylita B. Vargas, said the government has the right to prosecute erring public officials and their co-conspirators.

Arraignment of Catamco and the rest of the defendants was set last Friday (June 22) but their pending motions challenging validity of the charges prompted the anti-graft court to order a deferment.

Prosecutors alleged conspiracy among the defendants in connection to the procurement of Vitacrop liquid organic fertilizer in 2004 using P5 million sourced from the Department of Agriculture (DA).

Catamco claimed there was a delay of more than 12 years counting from the issuance of Notices of Disallowance (NDs) by the Commission on Audit (COA) in 2005 while Rama and Surbano said the timeline should include the issuance of an audit observation memorandum (AOM) by the COA in July 2004.

Prosecutors said the defendants’ claims have no basis, noting that the COA is a separate government body whose own inquiry is distinct from the Ombudsman’s own investigation.

“The allegation of inordinate delay cannot be sufficiently supported by a mathematical reckoning of the time involved. When the COA issued the AOMs and the NDs, there was no case to speak of yet,” the prosecution said.