Inordinate delay: Surigao Vice Mayor cleared in fertilizer scam

MANILA, Philippines — Another local government official has been cleared of graft in connection with the fertilizer fund scam due to the “inordinate delay” in the investigation by the Office of the Ombudsman.

In a 15-page resolution released yesterday, the Sandiganbayan’s Fifth Division dismissed the charges filed against Surigao Vice Mayor Alfonso Casurra, saying there was ”no justifiable reason” for the ombudsman to take more than 11 years before filing the case in court.

Former city treasurer Leonardo Edera Jr., accountant Jocelyn Monteros and bids and awards committee members Maria Geotina, Armando Elumba and Carlo Reynaldo Lozada Jr. were also cleared of the charges.

The case, which was filed before the Sandiganbayan only last Sept. 15,  stemmed from the city government’s alleged anomalous purchase of fertilizer amounting to P4.998 million when Casurra was mayor in May 2004.

Graft probers said the contract was awarded to Rosa Mia Trading without public bidding. The fertilizer was also found to be overpriced by P4.495 million.

“The lengthy and unwarranted delay…caused prejudice and anxiety to the accused. There is also prejudice if defense witnesses were unable to recall accurately the events of the distant past,” the  resolution penned by Associate Justice Maria Theresa Mendoza-Arcega read.

The court also noted that the Commission on Audit issued a notice of disallowance on the purchase as early as June 14, 2006.

The prosecution failed to show that the delay was caused by the respondents as they had “timely” filed their respective affidavits and supporting documents, the court said.

“Excessive delay in the disposition of cases renders the rights of the people guaranteed by the Constitution and various legislations inutile,” the ruling stated.

The Sandiganbayan had earlier dismissed the charges filed against former governors Robert Lyndon Barbers of Surigao del Norte and Salvacion Perez of Antique; former congressmen Eduardo Zialcita of Parañaque, Abraham Mitra of Palawan as well as Antonio Cuenco and Antonio Yapha Jr. of Cebu and Masbate Gov. Antonio Kho over what it described as ”capricious, vexatious and inordinate” delay in the investigation.