Reyes cleared of graft over fertilizer scam

MANILA, Philippines - The Sandiganbayan has affirmed the dismissal of the graft charges filed against former Palawan governor Joel Reyes in connection with the fertilizer fund scam.

In an 11-page resolution released yesterday, the fifth division of the anti-graft court said there was “no justifiable reason” for the Office of the Ombudsman to take more than a decade to investigate the complaint before filing the case in court.

The Sandiganbayan said the delay in the investigation was “vexatious, capricious and inordinate” and violates the respondents’ constitutional right to speedy resolution of their case.

Also cleared of the charges were former Department of Agriculture (DA) regional technical director Rodolfo Guieb and executive director Dennis Araullo.

The case stemmed from the alleged anomalous disbursement of P3.25 million to a non-government organization in 2004 for the purchase of liquid fertilizer as part of the implementation of the DA’s Farm Inputs and Farm Implements Program.

Court records show the ombudsman started its fact-finding investigation in May 2004, but it was only in September 2016 when the respondents were indicted.

The Sandiganbayan found no merit to the claim of the prosecution that the respondents did not file any motion calling for the speedy resolution of the complaint. 

Reyes is also facing multiple counts of graft over alleged anomalous contracts the Palawan government entered into in 2008 using proceeds from the Malampaya gas project amounting to P1.5 billion.

Reyes and his brother Mario, former mayor of Coron in Palawan, are being held at the Puerto Princesa jail in connection with the killing of journalist and environmentalist Gerry Ortega in January 2011.