Graft charges vs. Cagayan mayor upheld

Mamba allegedly procured 3,333 bottles of Bio-Nature Liquid Organic Fertilizer at P1,500 per bottle for a total of P4.9 million from Feshan in April 2004. #FranciscoMambaJr. #fertilizeranomaly

The anti-graft court has affirmed the graft charges against Tuao, Cagayan Mayor Francisco Mamba Jr. in relation to the supposed anomalous procurement of fertilizers in 2004.

In his motion, Mamba sought the reversal of the Sandiganbayan decision dated 3 October which denied his motion seeking to dismiss the charges against him.

In his motion for reconsideration, he said the information against him constitute a single continuing offense and that the Office of the Ombudsman should accordingly consolidate the two information consistent with a previous Supreme Court ruling.

Mamba is facing two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act in relation to the alleged anomalous procurement of 3,333 bottles of Bio-Nature Liquid Organic Fertilizer at P1,500 per bottle for a total of P4.9 million from Feshan in April 2004.

In its ruling, the Court said the motion of Mamba lacks merit.

“After a careful consideration of the records as well as the allegations of the parties, the Court resolves to deny the instant motion for lack of merit.”

It also said that the arguments raised by the accused are mere rehash of the arguments raised in his motion to dismiss which the court junked.

“There being no new matter alleged in the motion for reconsideration that would otherwise convince the Court to modify or reverse the assailed resolution, the same is therefore maintained,” the decision read.

Associate Justices Rafael Lagos and Maria Theresa Mendoza-Arcega concurred with the decision authored by Associate Justice Maryann Corpus-Mañalac.

Earlier, Mamba filed a motion to quash due to the alleged inordinate delay of inaction incurred by the Office of the Ombudsman that allegedly trampled upon his right to speedy trial.

This too was denied by the Court in a resolution issued on 5 August for lack of merit.