Anti-graft court denies Tining’s motion to dismiss fertilizer case
The trial of the graft charge against Cebu Provincial Board Member Celestino “Tining” Martinez III and former Bogo City treasurer Rhett Minguez before the Sandiganbayan over the allegedly irregular release of P6 million in 2004 continues.
This, after the Sandiganbayan’s 6th Division, denied for lack of merit the respondents’ motion to quash information and to dismiss the case.
“Very clearly, the aforementioned action taken by the movants after the information was filed in court indicates that the period of time spent by the Office of the Ombudsman in conducting the preliminary investigation was acceptable to them,” read the Sandiganbayan’s resolution penned by Associate Justice Oscar Herrera, Jr.
The Office of the Ombudsman charged Martinez and Minguez with violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The Bogo City Government, when Tining Martinez was mayor, released the funds to Sikap Yaman Foundation, a nongovernment organization based in Quezon City, to supply fertilizer for rice and corn farmers in 2004.
But the foundation lacked the required accreditation by the City Government, the ombudsman said.
And an undated memorandum of agreement made no mention of the project cost and time schedules for the implementation of the program.
About P728 million in “fertilizer funds” were allegedly diverted to her election campaign ahead of the 2004 polls, but the ombudsman has ruled there was no evidence to directly connect then president Gloria Macapagal-Arroyo to the anomaly.
The anti-graft office did find basis to recommend plunder charges in 2011 against former agriculture secretary Luis Lo-
About P728 million in “fertilizer funds” were allegedly diverted to the election campaign of then president Gloria Arroyo ahead of the 2004 polls, but the ombudsman has ruled there was no evidence to directly connect her to the anomaly.
renzo and former undersecretary Jocelyn “Joc-Joc” Bolante.
In its resolution, the anti- graft office said the project funds were released by Bogo to the foundation in one instance “without any indication” of how or when the program would be implemented.
There was also no project monitoring, inspection, or report to determine the project accomplishments.
The anti-graft office dismissed for lack of probable cause the graft charges against the foundation’s incorporators, identified as Marcelo Balmaceda, Juliet Chan, Nenita Ocenar, Helen Bayugan and Marissa Rugay.
In their pleading dated Jan. 6, 2017, the respondents sought to quash the charge sheet and dismiss the case on the ground of alleged “inordinate delay” in the disposition of the case against them, thus violating Sec. 16, Art. 3 of the 1987 Constitution.