Fertilizer raps vs ex-Siquijor mayor junked

MANILA, Philippines — The Sandiganbayan has dismissed a graft case filed against a former municipal mayor in Siquijor and three others in connection with their alleged involvement in the fertilizer fund scam.

In a 31-page resolution promulgated on March 9, the anti-graft court’s Fourth Division granted the joint demurrer to evidence filed by former Lazi mayor Orville Fua, and bids and awards committee (BAC) members Rose Marie Tomogsoc, Natalio Jumawan Jr. and Sue Agnes Castillon as well as the separate demurrer of private respondent Pompey Perez.

In their demurrers, Fua and his co-respondents appealed for the dismissal of the charges involving violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, citing the weak evidence presented by the prosecution team.

The anti-graft court said requiring the respondents to undergo trial is not necessary as the pieces of evidence presented by the prosecution were not sufficient to sustain an indictment or warrant a conviction.

The Fourth Division also dismissed the case against former municipal budget officer and BAC chairman Ivan Marchan due to his death.

Filed by the ombudsman in 2019, the case stemmed from the award by the municipal government of a supply contract to Perzebros Co., which is owned by Perez and former North Cotabato governor Nancy Catamco.

The Fourth Division earlier granted the prosecution’s motion to withdraw the case against Catamco due to insufficient evidence.

The contract was for the supply of liquid fertilizer worth P2.69 million.

The ombudsman said Fua and the respondents conspired in awarding the contract and releasing the payment to Perzebros.

The Fourth Division said the prosecution admitted during trial that the items were delivered with corresponding inspection and acceptance report accomplished on the same date.

It cited records showing a bidding was held prior to the awarding of the contract.

Perzebros offered the lowest bid while two other bidders failed to submit the price quotation for the items, the court said.