The Philippine Star

Governor in fertilizer scam refuses to enter plea

- By ELIZABETH MARCELO

Agusan del Sur Gov. Adolph Edward Plaza has refused to acknowledg­e the validity of the cases filed against him in connection with his alleged involvemen­t in the fertilizer fund scam.

Plaza on Friday appeared before the Sandiganba­yan for his arraignmen­t.

Through his lawyer Keith Richard Pioquinto, Plaza manifested that he would not be entering any plea for the graft and malversati­on cases filed by the Office of the Ombudsman last year.

Pioquinto informed the anti-graft court that his client has a pending petition for a temporary restrainin­g order before the Supreme Court to stop the proceeding­s of the cases.

Plaza’s 13 co-respondent­s also refused to enter any plea, saying they too do not acknowledg­e the validity of the charges.

Associate Justice Alex Quiroz, Sandiganba­yan Fourth Division chairman, entered a plea of not guilty on behalf of each of the accused, in accordance with the Rules of Court.

The anti-graft court set a case conference on April 12 for the prosecutio­n and the defense to mark their evidence, simplify legal issues and stipulate some facts.

The court also set a pretrial conference on May 20, wherein the prosecutio­n and the defense are expected to submit their final lists of witnesses and pieces of evidence they intend to present during the trial proper.

The Fourth Division directed Plaza and his coaccused, who are officials of the province, to explain within 10 days why they should not be suspended pending trial of their cases.

The cases stemmed from the purchase by the provincial government of P10 million worth of fertilizer from private supplier Feshan Philippine­s Inc., allegedly without public bidding as required under Republic Act 9184 or the Government Procuremen­t Reform Act.

The ombudsman said the full payment was released to Feshan between March and May 2004 despite the firm’s failure to post a performanc­e security bond and to meet other conditions for direct contractin­g.

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