Uphold raps vs accused in 2004 fertilizer scam

The Office of the Special Prosecutor (OSP) has asked the Sandiganbayan to uphold the validity of graft and malversation charges filed against North Cotabato Rep. Nancy Catamco, Cebu town Mayor Edgar Rama and a municipal councilor in connection with the alleged fraudulent use of P5-million fertilizer fund in 2004.

In a consolidated comment and opposition filed last June 18, Prosecution Bureau 13 acting Director Karen Funelas and Assistant Special Prosecutor Ma. Theresa Amylita Vargas urged the Sixth Division of the anti-graft court to junk the separate motions to quash and to dismiss filed by the accused.

In their appeals, Catamco, Rama and Sangguniang Bayan member William Surbano couched on the single issue alleging inordinate delay in the investigation conducted by the Office of the Ombudsman.

Catamco said the case has been delayed for more than 12 years since the Commission on Audit (CoA) issued notices of disallowance (NoD) on the said transaction in 2005.

Rama and Surbano, on the other hand, argued the count should start from July 2004 when the CoA issued an audit observation memorandum (AOM) on the subject supply contract.

But as far as the prosecution is concerned, the claims of the accused have no basis, noting the CoA is a separate government body whose own inquiry is distinct from the Ombudsman’s own investigation.

The OSP also argued the inordinate delay argumentation cannot be supported sufficiently by a mathematical reckoning of the time involved since there was no case yet when the CoA issued the AOMs and the NDs.

It added the formal complaint against them was filed by the Field Investigation Office only on June 21, 2013 which was when the prosecutorial process officially started.

The prosecution said it was on July 14, 2013 the Ombudsman issued an order for the respondents to submit their counter-affidavits addressing the allegations leveled against them.

“Prior to the conduct of the preliminary investigation, it cannot be said the accused were subjected to ‘vexatious, capricious and oppressive’ delays as there was still no complaint against them,” the OSP said.

It added that Catamco and Perez, her former spouse, filed their counter-affidavit only on April 24, 2015 while Rama submitted his on May 13, 2015 by registered mail. The last counter-affidavit by their co-respondent was stamped on May 20, 2015.

After further exchange of pleadings, the investigation panel issued a resolution recommending criminal indictments on July 12, 2017 which was approved by Ombudsman Conchita Carpio Morales on Aug. 1, 2017.

The graft and malversation charges against them stemmed from anomalous procurement of P5-million Vitacrop liquid organic fertilizer in 2004 when they allegedly conspired to defraud the municipal government.

The charges alleged lack of public bidding, supplier contractor had no track record being barely two months old when it was awarded the supply deal, overpricing by more than 250 percent, and absence of the required prior approval of the municipal government’s Bids and Awards Committee.

At the time of the alleged commission of the offense, Catamco was a private individual representing supplier-contractor, Perzebros Company, together with her former husband and co-defendant Pompey Perez.