Former DA secretary insists on quashal of charges
Published Aug 21, 2018 12:53 pm
By Czarina Nicole Ong
Former Department of Agriculture (DA) Secretary Luis Paez Lorenzo Jr. is asking the Sandiganbayan Sixth Division to take a second look on his motion to quash and vacate its earlier ruling to proceed with the trial of his five graft charges in relation to the reportedly anomalous fertilizer contract entered into by the government with the Philippine Phosphate Fertilizer Corporation (Philphos).
(MANILA BULLETIN)
Lorenzo was accused alongside another former DA Secretary Arthur Yap, in his capacity as administrator of the National Food Authority (NFA), and Philphos representative Tomas Apostol-Giubani.
The Sixth Division denied their motions to dismiss, which they filed on the grounds that the Informations filed against them do not constitute an offense and that inordinate delay in the proceedings has ousted the Ombudsman of its authority to file the charges.
One of the reasons why the anti-graft court denied his motion was the alleged failure of Lorenzo to invoke his right to speedy disposition of the case. But Lorenzo reasoned that it was not his responsibility to follow-up with the prosecution the status of his case.
"Conversely, it was the Office of the Ombudsman's responsibility to expedite the same within the bounds of reasonable timeliness file its mandate to promptly act on all complaints lodged before it," Lorenzo's motion for reconsideration stated.
He further stressed that it took the Ombudsman a period of 10 years just for fact-finding investigation alone. Six years from that period was even "without any explanation or justification," Lorenzo said.
"Thus, accused likewise takes exception to the ruling of the honorable Court of disregarding the periods of time spent for fact-finding in determining the existence of inordinate delay," his MR added. "Inordinate delay is not limited only to preliminary investigation but includes all proceedings including the fact-finding investigation."
While it might be argued that Lorenzo's MR is just a mere rehash of his earlier motion, he still begged the court to take another look "to reassess and to determine anew its initial finding or resolution."
Lorenzo and his co-accused reportedly conspired with one another and acted with grave abuse of authority when they directed the Regional Bids and Awards Committees (RBAC) of NFA Regions 1 to 5 and the National Capital Region (NCR) to conduct procurement of their fertilizer requirements through negotiated mode back on July 4, 2003.
Because of their actions, the procurement award was given to Philphos for 1,300 bags of fertilizer for NFA-NCR worth P595,636.37.
On July 21, they purchased another 14,000 bags of fertilizers for NFA-Region 5 worth P9,580,000. Then on July 30, they bought 5,876 bags of fertilizers for NFA-Region 2 totaling to P2,938,000. On August 8, they bought 4,200 bags of fertilizers for NFA-Region 4 worth P2,016,000 and lastly, they bought 66,782 bags of fertilizers for NFA-Region 3 worth P31,320,758.
(MANILA BULLETIN)
Lorenzo was accused alongside another former DA Secretary Arthur Yap, in his capacity as administrator of the National Food Authority (NFA), and Philphos representative Tomas Apostol-Giubani.
The Sixth Division denied their motions to dismiss, which they filed on the grounds that the Informations filed against them do not constitute an offense and that inordinate delay in the proceedings has ousted the Ombudsman of its authority to file the charges.
One of the reasons why the anti-graft court denied his motion was the alleged failure of Lorenzo to invoke his right to speedy disposition of the case. But Lorenzo reasoned that it was not his responsibility to follow-up with the prosecution the status of his case.
"Conversely, it was the Office of the Ombudsman's responsibility to expedite the same within the bounds of reasonable timeliness file its mandate to promptly act on all complaints lodged before it," Lorenzo's motion for reconsideration stated.
He further stressed that it took the Ombudsman a period of 10 years just for fact-finding investigation alone. Six years from that period was even "without any explanation or justification," Lorenzo said.
"Thus, accused likewise takes exception to the ruling of the honorable Court of disregarding the periods of time spent for fact-finding in determining the existence of inordinate delay," his MR added. "Inordinate delay is not limited only to preliminary investigation but includes all proceedings including the fact-finding investigation."
While it might be argued that Lorenzo's MR is just a mere rehash of his earlier motion, he still begged the court to take another look "to reassess and to determine anew its initial finding or resolution."
Lorenzo and his co-accused reportedly conspired with one another and acted with grave abuse of authority when they directed the Regional Bids and Awards Committees (RBAC) of NFA Regions 1 to 5 and the National Capital Region (NCR) to conduct procurement of their fertilizer requirements through negotiated mode back on July 4, 2003.
Because of their actions, the procurement award was given to Philphos for 1,300 bags of fertilizer for NFA-NCR worth P595,636.37.
On July 21, they purchased another 14,000 bags of fertilizers for NFA-Region 5 worth P9,580,000. Then on July 30, they bought 5,876 bags of fertilizers for NFA-Region 2 totaling to P2,938,000. On August 8, they bought 4,200 bags of fertilizers for NFA-Region 4 worth P2,016,000 and lastly, they bought 66,782 bags of fertilizers for NFA-Region 3 worth P31,320,758.