Sandigan junks fertilizer scam case vs supplier

MANILA, Philippines — The Sandiganbayan has junked a fertilizer scam case against a private supplier due to the Office of the Ombudsman’s inordinate delay in its investigation.

In its eight-page resolution promulgated on March 15, the court’s Second Division granted the motion of Bernard Mangrubang, proprietor of B.T. Mangrubang Enterprises, for the dismissal of the case of falsification of public documents against him.

The Second Division found merit in Mangrubang’s argument that the case must be dismissed on the ground of the ombudsman’s supposed violation of his constitutional right to the speedy disposition of cases.

The court said Mangrubang was similarly situated with former Parañaque lawmaker Eduardo Zialcita and several other accused whose cases were dismissed in 2017 due to the ombudsman’s “inordinate delay” in its investigation.

The Second Division had earlier dismissed the cases of graft, malversation of public funds and falsification of public documents filed by the ombudsman against Zialcita; former Department of Agriculture officials Dennis Araullo, Gregorio Sangalang and Raymundo Braganza and private respondent Margie Luz, president of the non-government organization Gabaymasa Development Foundation Inc.

Mangrubang was a co-accused only in the falsification case.

Filed by the ombudsman in 2016, all the cases stemmed from the alleged misuse of P5 million worth of funds allotted to Zialcita’s district for the implementation of the DA’s Farm Inputs and Farm Implements Program.

In its March 3, 2017 ruling, the Second Division noted that the complaint against Zialcita and the other respondents was filed by the ombudsman before the central office on May 2, 2011.

The Second Division noted that the ombudsman’s Special Panel on Fertilizer Fund Scam issued a resolution on June 20, 2013 finding probable cause to file the cases in court, and yet, it was only on Feb. 16, 2016 that the cases were actually filed before the Sandiganbayan – a delay of more than four years from the date of the filing of the complaint.