Sandigan pursues fertilizer fund scam trial versus Rama, Catamco

The Sandiganbayan Sixth Division has decided to pursue the trial against North Cotabato 2nd District Rep. Nancy Catamco and former Poro Mayor Edgar Gadingan Rama of Cebu in relation to the fertilizer fund scam.

Catamco and Rama were accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code due to the reportedly anomalous purchase of R5 million worth of liquid fertilizers back in 2004.

For the graft charge, they were accused alongside Vice Mayor Ronald Carcellar, Sangguniang Bayan members Ruben Tan Estrera Jr., Gorgonta Gonzales, Sergio Zurita, Nilo Borlasa Gorgonio, Gregorio Dorog, and William Surbano.

Perzebros Company partner Pompey Perez was likewise charged with graft. As for their malversation charges, they are facing both counts together with Perez.

They filed separate motions to quash. Rama and Surbano reasoned that their charges should be dismissed on the ground of violation of their right to speedy disposition of cases.

Catamco argued the same, adding that it took the Office of the Ombudsman a total of 12 years since the transactions took place before the charge sheets were filed before the Sandiganbayan.

For its part, the prosecution stated that the delay it incurred in the conduct of the preliminary investigation is justified, given the voluminous records and number of respondents it has to review.

This time, the anti-graft court sided with the prosecution. “As for the delay in the fact-finding investigation, nothing in the records indicate the exact date when the fact-finding investigation of the Office of the Ombudsman commenced,” the resolution read.

“In any event, it appears that the Office of the Ombudsman created Task Force Abono, the nominal complainant in the preliminary investigation, to conduct an investigation on transactions in connection with the fertilizer fund scam,” it added.

While the said cases do not involve unusually complex factual or legal issues, the Sandiganbayan had to concede that the time it took to conduct the fact-finding investigation is not unreasonable.

“It is undeniable that numerous cases - both related and not related to the fertilizer fund scam, regardless of the complexity involved, would take more time to dispose of,” the court ruled.

As for Catamco’s claim that many of the documents related to the subject transactions could no longer be found, the court refused to be swayed. Both Rama and Catamco’s motions to quash were denied due to lack of merit.

The 15-page resolution was penned by Chairperson Sarah Jane Fernandez with the concurrence of Assoiate Justices Karl Miranda and Kevin Vivero.