North Cotabato Governor Nancy Catamco (GNAC)

The Sandiganbayan Fourth Division has ordered the Office of the Ombudsman to conduct a preliminary investigation on the graft charges filed against North Cotabato Governor Nancy Catamco over alleged irregular purchase of fertilizers in 2005.

The Court, in a resolution penned by Associate Justice Reynaldo Cruz, partially granted Catamco’s motion for reconsideration challenging the Court’s earlier resolution that denied her request for a reinvestigation.

The Ombudsman was given 60 days to complete and render its report on the probe.

In her motion, Catamco said she was not given the opportunity to submit her counter-affidavit and other evidence in her behalf since she did not receive any order from the Office of the Ombudsman to file the same.

She said the order was addressed to Perzebros Company which was already dissolved and no longer held office at the address where the order was sent.

She also argued that the present case should be dismissed on the ground of inordinate delay.

In the resolution, the Court said Catamco should be given the opportunity to submit her counter-affidavit.

“Higher interest of substantial justice demands that an accused who is not given the opportunity to submit his/her counter-affidavit and other countervailing evidence during the preliminary investigation due to lack of notice, should be given the opportunity to undergo preliminary investigation.”

“After all, the basis of preliminary investigation is to protect the accused from the inconvenience, expense and burden of defending himself/herself in a formal trial unless a competent officer hall have first ascertained the reasonable probability of his/her guilt.”

The Court gave weigh to the manifestation of the prosecution that Catamco indeed appears to be not properly notified of the preliminary investigation.

As regard Catamco’s assertion that the Court must dismiss the case due to inordinate delay, the Court finds that her contention contradicts her prayer for the conduct of a preliminary investigation.

“She cannot properly assail the preliminary investigation on the ground of inordinate delay when she was not able to participate therein, as she claims,” the court said.

The Court still maintains its finding that there was no inordinate delay in the conduct of the preliminary investigation.

In its ruling, the Court also ordered the suspension of the proceedings on the case filed against Catamco.

Catamco is accused of being involved in the anomalous purchase of fertilizers worth P7.68 million, along with former Lazi, Siquijor Mayor Orville Fua and other officials, for failure to comply with government procurement rules.