Sandigan junks ex-Maasin mayor’s plea

The Sandiganbayan Seventh Division announced on Friday that it has dismissed the petition of former Maasin, Iloilo town mayor Mariano Malones to quash a graft case filed against him in connection with the fertilizer fund scam in 2004.

In a seven-page resolution, the anti-graft court said that it lacks jurisdiction in the case, which was appealed to the Supreme Court, where it remains pending.

To recall, Malones filed a motion to dismiss before the Sandiganbayan, which first handled the raps, on 27 October.

“Considering all the foregoing, the Sandiganbayan Seventh Division is clearly still bereft of jurisdiction over the cases and does not have any authority to act accused Malone’s present motion to dismiss,” the Sandigan said.

In December 2019, the Sandiganbayan sentenced Malones to up to 10 years in prison on top of being perpetually disqualified from holding public office.

His co-accused, ex-municipal accountant Cecilio Montefrio and acting municipal accountant Jimmy Borra were meted the same sentence for violating the Anti-Graft and Corrupt Practices Act aside from perpetual disqualification from holding public office.

Filed by the Ombudsman in 2016, the case pertains to the irregular purchase of the municipal government of 666 bottles of Bio-Nature fertilizer from Feshan Philippines Inc. at P1,500 per bottle or a total of P999,000 without mandatory public bidding in 2004.

The prosecution accused Malones of conspiring with his ex-accountants for the transaction, which was found to be overpriced by P889,110 or 900 percent.

The Sandiganbayan said Malones and his co-accused indicated a certain brand name despite a viable alternative in the market priced at only P150 per bottle.

Mariano previously sought that the graft case against him be dropped on the grounds of inordinate delay, which the Sandiganbayan has denied.