MANILA, Philippines — The Sandiganbayan has denied the motion of Romblon Rep. Eleandro Jesus Madrona for the early dismissal of the graft case filed against him in connection with the fertilizer fund scam.
In a resolution promulgated on Oct. 16, the anti-graft court’s sixth division junked the joint motion for leave to file a demurrer to evidence filed by Madrona, former provincial agriculturist Geishler Fadri and former senior agriculturist Oscar Galos.
A demurrer to evidence would have allowed the accused to seek the dismissal of the case without presenting their defense but based solely on the supposed weakness of the evidence of the prosecution.
The court found no merit on the defense of the accused that the prosecution failed to present evidence showing they conspired to commit the crime.
Filed by the Office of the Ombudsman in August 2017, the case stemmed from the provincial government’s award of a contract to Feshan Philippines Inc. in 2004 for the supply of 3,333 bottles of Bio Nature organic liquid fertilizer at P1,500 per bottle or a total of P4.86 million.
The ombudsman said the accused deprived the government of the opportunity to get the most advantageous price when they resorted to direct contracting instead of public bidding as required under the Government Procurement Reform Act.
Madrona is serving a 90-day preventive suspension imposed by the sixth division in connection with the case.
Former Romblon town vice mayor Lyndon Molino filed the complaints against Madrona in September 2004 and October 2011.