State prosecutors asked for the court鈥檚 understanding to reconsider its dismissal of Masbate governor Antonio Kho鈥檚 fertilizer fund scam case, noting that the delay in the filing of the case was justifiable and that trial should proceed in the interest of justice.
The Office of the Special Prosecutor filed a motion for reconsideration before the Sandiganbayan First Division of its decision granting Kho鈥檚 motion to quash his graft charges for his alleged involvement in the 2004 fertilizer fund scam.
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In their appeal, state prosecutors said there was no inordinate delay in their filing of Kho鈥檚 graft information, which took five years for the Ombudsman to file since it started its investigation of the complaint.
The anti-graft court said the Ombudsman received the complaint May 2011, but it only filed the criminal information before the Sandiganbayan Nov. 2016.
The prosecution said the concept of speedy disposition is 鈥渞elative and flexible,鈥� and that the court鈥檚 concept of inordinate delay as basis to dismiss Kho鈥檚 case was 鈥減remised on overly strict and unrealistic standards.鈥�
The prosecution appealed for the court 鈥渢o be mindful of the limitations and realities being confronted鈥� by the Ombudsman, such as its heavy workload and its limited number of personnel.
The prosecution added that the delay in the filing of criminal information was 鈥渏ustifiable鈥� and caused by the Ombudsman鈥檚 observance of due process, the process of review, the change in leadership in the office, the respect over the rights of the accused, as well as the steady stream and volume of cases being filed at the office.
The prosecution noted too that the respondents did not even raise the issue of inordinate delay in the conduct of the preliminary investigation, and that the respondents failed to present proof that the delay prevented them from preparing their defense due to loss of evidence and witnesses.
Finally, the prosecution appealed that the court consider the interest of the public, especially the farmers who were deprived of fertilizers in the scam, over the accused鈥檚 constitutional right to a speedy trial.
鈥淚n the interest of justice, the court should allow the trial of these cases to proceed because the P5 million project supposedly for the province of Masbate was not implemented as planned by the government to improve the lives of the farmers鈥� Indeed, a party鈥檚 individual rights should not work against and preclude the people鈥檚 equally important right to public justice,鈥� the prosecution said.
The prosecution鈥檚 appeal in Kho鈥檚 dismissed case followed the Ombudsman鈥檚 bid asking the Supreme Court to clearly聽define what inordinate delay meant, following聽a spate of cases that were dismissed due to this doctrine.
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The Ombudsman also urged the Supreme Court to 鈥渄irect the Sandiganbayan to temporarily suspend the application of the 鈥榠nordinate delay鈥� doctrine鈥� pending a ruling of the high court.
Before the dismissal of his case, Kho was charged for the allegedly anomalous procurement of liquid fertilizers with Hexaphil Agriventures in 2004 causing undue injury to government.
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In his first graft charge, Kho was accused of giving undue advantage and preference to Hexaphil in the Dec. 2004 purchase of 2,499 bottles of liquid fertilizer at P700.08 per bottle for a total amount of P1.732 million.
His second charge stemmed from the April 2004 purchase of 4,642.33 bottles of Hexaphil at P700.08 per bottle for a total amount of P3.2 million.
Ombudsman prosecutors said the purchases were done without public bidding and marred with irregularities 鈥� by making specific reference to the brand Hexaphil in the purchase request despite availability of several brands, by resorting to direct contracting without valid justification, and by accepting the spurious eligibility requirements submitted by Hexaphil.
Prosecutors said these irregularities were violations of the Republic Act 9184 or the Government Procurement Reform Act.
搁贰础顿:听Masbate gov Antonio Kho posts bail in graft cases聽
Kho is the incumbent governor of Masbate after winning the 2016 elections against dismissed governor Rizalina Seachon La帽ete, who was out on bail for plunder over the alleged Janet Lim-Napoles pork barrel scam.
Kho鈥檚聽funds聽for liquid聽fertilizers聽were sourced from the P728-million 鈥淕inintuang Masaganang Ani Program鈥� of the Department of Agriculture under the administration of former President Gloria Macapagal Arroyo meant to provide poor farmers with聽fertilizer, irrigation, seeds, education and training, loans, as well as dryers and post-harvest facilities.
The P728-million聽fertilizer聽funds聽were said to have been diverted to Arroyo鈥檚 campaign kitty to pay off favored local officials. The聽funds聽were released three months before the 2004 elections. Arroyo was cleared by the Ombudsman over the alleged聽scam.聽JE/rga