Sandigan junks fertilizer trader’s plea

The anti-graft court has denied the motion filed by a private individual seeking the dismissal of the graft case filed against him over a fertilizer fund scam in 2004.

According to the Court, the motion filed by BALS Enterprises proprietor Jonar Buraga Balisi Jr., who was accused along with former officials of the Department of Agriculture Regional Field Office 1, lack merit.

In Balisi’s motion, he said the case against him should be dismissed on the ground of violation of his right to a speedy disposition of cases guaranteed under Section 16 of Article III of the Constitution.

He also argued that the preliminary investigation proceedings against him was terminated only at that time the information was filed before the Sandiganbayan in December 2017, five years after the complaint was lodged before the Office of the Ombudsman.

According to the Court, the motion to dismiss on the ground of inordinate delay filed by Balisi does not find express support under the Revised Guidelines for Continuous Trial of Criminal Cases which took effect in 2017.

The Court said Balisi failed to timely invoke his right to a speedy disposition.

“Records reveal that accused-movant did not invoke his right to speedy disposition of his case before his arraignment on 10 August 2018…”

“He had ample time to invoke the right after his arrest on 11 June 2018. Instead, he through his counsel, allowed the preliminary conference to proceed and he even participated in the proceedings.”