The Sandiganbayan on Tuesday disclosed that a private supplier implicated in a P3.25- million fertilizer scam from 2004 pleaded guilty to a reduced charge of fraud and will be required to pay the government only one-third of the allegedly embezzled amount.
In a statement, the anti-graft court revealed that Kevin Apostol, a representative of Akame Marketing International, entered into a plea bargaining agreement with the prosecution, allowing him to plead guilty to fraud against the public treasury instead of the original graft charge.
Under Philippine law, plea bargaining is permitted with the court’s approval, allowing the accused and prosecution to agree on a guilty plea to a lesser offense or a reduced sentence. An accused who initially pleads not guilty can still change their plea to a lesser offense after arraignment but before trial begins.
In a resolution released Tuesday, the Sandiganbayan granted Apostol’s request, noting the prosecution did not object to his plea.
Apostol was initially charged with one count of graft related to the alleged irregular procurement of 2,164 bags of fertilizer worth P3,246,000 from Akame in April 2004.
He was a co-accused of former Eastern Samar Rep. Marcelino Libanan and former governor Clotilde Salazar, who faced one and two counts of graft, respectively.
Prosecutors argued that the provincial government purchased the fertilizers from Akame despite the company not being registered with the Fertilizer and Pesticide Authority, making it an ineligible government supplier. Court records also indicated the transaction occurred without the mandatory public bidding, violating the Government Procurement Reform Act.
Apostol offered to pay P1,082,000 — one-third of the original amount — instead of facing a graft trial that could have resulted in a prison sentence of up to 10 years.