Ex-Palawan gov’s plea to dismiss case junked

MANILA, Philippines - The Sandiganbayan has found probable cause to proceed with the trial of former Palawan governor Joel Reyes in connection with the fertilizer fund scam.

In a 13-page resolution promulgated on Dec. 1, the fifth division of the anti-graft court denied Reyes’ petition to dismiss the case for lack of merit.

“Based on the records, there is sufficient evidence...establishing probable cause against Reyes. He is mistaken in claiming that there is no evidence to establish his responsibility and his participation in the conspiracy,” the ruling penned by Associate Justice Rafael Lagos read.

Associate Justices Roland Jurado and Maria Theresa Mendoza-Arcega concurred with the ruling.

The case against Reyes stemmed from the alleged anomalous disbursement of P3.2 million in public funds to non-government organization (NGO) Masaganang Ani Para sa Magsasaka Foundation Inc.(MAMFI) in 2004.

The amount was for the supposed purchase of liquid fertilizers as part of the implementation of the Farm Inputs and Farm Implements Program (FIFIP) of the Department of Agriculture (DA).

Graft probers said Reyes approved the release of the fund to MAMFI without public bidding and despite the NGO’s failure to complete the requirements for accreditation.

The court dismissed Reyes’ arguments that he had no participation in the choosing MAMFI to implement the project.

“The MOA (memorandum of agreement) clearly identifies him as the one who identified and endorsed MAMFI as the fund conduit for the implementation of the project. His duties...are likewise clear,” the ruling read.

”Reyes’ defense that the MOA was pre-drafted...does not override the clear text of the MOA, which he admittedly signed,” it added.

Rodolfo Guieb, DA regional technical director; Dennis Araullo, regional executive director, and Marina Sula and Nathaniel Tan of MAMFI were included in the charge sheet.

Reyes is facing another graft case over the alleged anomalous renewal of a private company’s mining permit in Palawan.

He and his brother, former Coron mayor Mario Reyes, are also facing charges for the killing of journalist and environmentalist Gerry Ortega in January 2011. They are being held at the Puerto Princesa City Jail.