SC overturns dismissal of graft case vs Lapid

Sen. Lapid allegedly purchased overpriced liquid fertilizers amounting to P4.76 million from MPTC when he was governor of Pampanga. #fertilizerfundscam #LitoLapid

The Sandiganbayan was ordered by the Supreme Court (SC) to proceed with the hearing of the graft charges filed against Senator Manuel “Lito” Lapid and three officers of a trading firm in connection with his alleged involvement in the P728-million fertilizer fund scam.

Associate Justice Jose Reyes Jr. in a 13-page decision he penned reversed and set aside the resolution issued by the anti-graft court Sandiganbayan on 30 September 2016 and 13 December 2016 dismissing the graft cases against Lapid, Malayan Pacific Trading Corporation (MPTC) officials Ma. Victoria Aquino-Abubakar and Leolita Aquino, and Macro-Micro Fertilizer Resources proprietor Alexander S.D. Vasquez.

The case was dismissed due to violation of the respondents right to a speedy disposition of their cases.

The court though held the anti-graft court gravely abused its discretion in dismissing the case against Lapid and his co-accused supposedly due to the inordinate delay on the part of the Office of the Ombudsman in conducting its fact-finding investigation on the case.

The case against Lapid et al started on 2 May 2011 upon the filing by the Field Investigation Office- Task Force Abono of the Ombudsman and that the Sandiganbayan even observed that there was no evidence to show that the Ombudsman commenced and conducted a fact-finding investigation as earlier as 2006.

It found probable cause to indict Lapid and his co-accused for graft on 18 September 2013 or two years and four months from the filing of the complaint.

“Thus, from the filing of the formal complaint until the Ombudsman’s approval of the resolution finding probable cause against Lapid, et al, the length of time consumed for the preliminary investigation was three years and one month,” the SC ruled.

“In sum, delay becomes inordinate only in the presence of arbitrary, vexatious and oppressive actions or inactions that are discernible from the proceedings. No such delay attended the Ombudsman’s proceedings that would warrant the dismissal of the criminal case against herein respondents,” the SC said.

Lapid and his co-accused are facing trial for violation of Section 3 (e) and 3 (g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act 3019 or the Anti-Graft and Corrupt Practices Act for alleged anomalous purchase of overpriced liquid fertilizers amounting to P4.76 million from MPTC.

In the information filed by the Ombudsman before the Sandiganbayan, the purchase was made without holding a public bidding as Lapid, based on the certification he issued, said there are no suitable substitute to Macro-Micro Foliar Fertilizer despite availability of a suitable substitute offered at a much lower price in the locality.

The Ombudsman further alleged that the purchased items were overpriced by as much as P4.268 million.

Lapid and his co-accused allegedly committed the offense in 2004 when he was still the governor of Pampanga.

Apparently, the money for the purchase of the questioned items supposedly came from the P728-million funds of the Department of Agriculture for its “Ginintuang Masaganang Ani Program” of former President Gloria Macapagal Arroyo, who was the president then.