The Philippine Star

Sandigan affirms raps vs ex-Rizal gov over fertilizer scam

- By ELIZABETH MARCELO

The Sandiganba­yan has denied the motion of former Rizal governor Casimiro Ynares Jr. to dismiss the four graft cases filed against him in connection with the fertilizer fund scam.

In a 14-page resolution released yesterday, the antigraft court’s third division said Ynares “failed to raise matters substantia­lly plausible or compelling­ly persuasive” to warrant the dismissal of the charges.

The cases stemmed from the alleged purchase of liquid fertilizer amounting to P3.597 million in November 2004 and March 2005 without public bidding. The fertilizer was also reportedly overpriced by P3.237 million.

The court found no merit in the claim of Ynares and the other respondent­s that their constituti­onal right to speedy trial was violated.

Ynares and his co-accused said there is no justifiabl­e reason for the Office of the Ombudsman to take more than 12 years to finish its investigat­ion and file the cases.

However, the Sandiganba­yan said there was no inordinate delay in the proceeding­s even though the time spent by the ombudsman in its fact-finding investigat­ion was factored in.

“The protection under the right to a speedy dispositio­n of cases should not... deprive the government of its inherent prerogativ­e in prosecutin­g criminal cases,” the ruling penned by Justice Amparo Cabotaje-Tang read.

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