Ex-Sarangani gov’s bid to dismiss fertilizer scam raps junked

MANILA, Philippines — The Sandiganbayan has denied the motion of former Sarangani governor Miguel Escobar to dismiss the graft and malversation charges filed against him in connection with the fertilizer fund scam.

In a resolution promulgated on Dec. 6, the anti-graft court’s sixth division denied for lack of merit Escobar’s motion for leave to file a demurrer to evidence.

The court also denied similar motions filed by Escobar’s co-accused – former Department of Agriculture regional field unit director Mustapha Ismael, former chief administrative officer Abdulwahab Bayao, former accountant Estrella Sabay and National Food Authority Region 12 director Arthur Aller, former officer of the non-government organization Workers Cooperatives of the Philippines (WCP).

A demurrer would have allowed Escobar and his co-accused to seek the dismissal of the charges without presenting their defense but based solely on the supposed weakness of evidence presented by the prosecution.

The sixth division found no merit in Escobar and his co-defendants’ claim that the evidence of the prosecution was insufficient to support the charges filed against them.

The court said granting the defendants’ motions for leave to file a demurrer to evidence would only delay the proceedings.

Filed by the Office of the Ombudsman in 2018, the cases stemmed from the provincial government’s alleged anomalous purchase of fertilizer in 2004.

The ombudsman said the P5-million procurement project was awarded to WCP without public bidding in violation of Republic Act 9184 or the Government Procurement Reform Act.

Graft probers said WCP has no track record of implementing a multimillion-peso project.

The ombudsman said the fertilizer, which the cooperative purchased from “illegitimate” third-party supplier Sarmiento Trading, was overpriced by P3.865 million.