Inordinate delay: Napoles cleared in fertilizer scam

MANILA, Philippines — The Sandiganbayan has dismissed the graft and malversation charges filed against businesswoman Janet Lim-Napoles and four former officials of the Department of Agriculture (DA) in Caraga due to the inordinate delay in the investigation by the Office of the Ombudsman.

In an eight-page resolution promulgated on Oct. 27, the anti-graft court’s fourth division granted the respective motions to dismiss the cases filed by Napoles and Evelyn de Leon, president of non-government organization Philippine Social Development Foundation Inc. (PSDFI).

The motions filed by former DA-Caraga assistant regional director Edgardo Dahino, chief administrative officer Jessica Da-an, administrative officer Merylinda Santos and accountant Gerry Leop were also granted.

The charges stemmed from the DA-Caraga’s procurement of fertilizer amounting to P5 million for the agricultural reinforcement project of Del Carmen, Surigao del Norte in May 2004.

The ombudsman said Napoles conspired with her co-accused to falsify official receipts and other supporting documents to make it appear that the entire P5 million was used in the procurement of fertilizer.

It noted that the municipal agriculturist of Del Carmen said no fertilizer was distributed to the municipality or intended farmer-beneficiaries.

In granting the motions to dismiss the cases, the fourth division said it took the ombudsman more than six years to investigate the complaint against the respondents, which was filed in February 2017.

The court said the delay was “vexatious, capricous and oppressive” as the prosecution failed to offer any reasonable explanation to justify the delay.

Napoles is detained at the Correctional Institution for Women  in Mandaluyong City following her conviction for plunder in connection with the misuse of P517 million in Priority Development Assistance  Fund (PDAF) or pork barrel of Sen. Bong Revilla, who was acquitted in the case.

Last month, the second division sentenced Napoles to more than 200 years in prison over the alleged misuse of the PDAF of former Ilocos Sur first district representative Salacnib Baterina and former South Cotabato second district representative Arthur Pingoy Jr.