Ex-Rizal governor’s appeal in fertilizer scam junked

MANILA, Philippines — The Sandiganbayan has denied an appeal filed by former Rizal governor Casimiro Ynares Jr. to have his graft case remanded to the Office of the Ombudsman for reinvestigation.

In a resolution promulgated on March 28, the anti-graft court said there is no need to reinvestigate the case as Ynares and his co-accused have been given the opportunity by the ombudsman to appeal its ruling finding probable cause to charge them in court.

The charges stemmed from the purchase of P3.60-million liquid fertilizer in 2004 and 2005, supposedly without public bidding.

Aside from Ynares, also denied were the motions for reinvestigation filed by former provincial officials – assistant department head Romulo Arcilla Jr., accountant Cecilia Almajose, Danilo Rumbawa, human resource department chief Eugene Durusan, assistant budget officer Victorina Olea, legal officer Eduardo Torres and administrator Virgilio Esguerra.

Ynares and his co-accused are facing four counts each of violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The ombudsman denied all the motions for reconsiderations filed by the accused in an order dated Dec. 3, 2015.

The anti-graft court cited the Rules of Procedure of the Office of the Ombudsman, which provides that the accused can only be allowed to file either a motion for reconsideration or reinvestigation against the ombudsman’s resolution or order.

“The accused have availed themselves of the remedy by filing a motion for reconsideration and could no longer file a motion for reinvestigation,” the Sandiganbayan said.

The anti-graft court said the Supreme Court prohibits the filing of a motion for reinvestigation if a regular preliminary investigation had been conducted.

The SC also does not allow any motion if the grounds being cited involve issues of credibility, admissibility of evidence and innocence of the accused.