By Czarina Nicole Ong-Ki
The Sandiganbayan Third Division has ruled not to let the Office of the Ombudsman reinvestigate the graft case of former Rizal Governor Casimiro Martin Ynares Jr. despite his insistence that there’s new evidence that would change its outcome.
Ynares is facing two counts each in violation of Section 3(e) and another two counts of 3(g) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, for purchasing Bio Nature Liquid Organic Fertilizers that are overpriced by P3.237 million.
The prosecution said that each bottle of fertilizer only costs P187, but the ones Ynares bought from Feshan cost P1,500 each bottle.
The anti-graft court already denied his motion for reinvestigation on March 29, 2019, even though Ynares highlighted the Court of Appeals (COA) decision dated September 2, 2016, regarding the evidence and arguments submitted by the Solicitor General, acting as counsel for Task Force Abono - Field Investigation Office and Office of the Ombudsman.
The decision said that it was "unfair" to hold Ynares and his co-accused at fault for adhering to a specific brand of fertilizer, since they followed the findings of the technical working group (TWG) that only Bio Nature sold by Feshan Philippines Inc. fits the description or composition recommended in the purchase request dated September 10, 2014.
If this decision would be reexamined by the Ombudsman, Ynares believes it may find that there is no probable cause to indict him.
Despite the court's earlier denial, Ynares filed a motion for reconsideration and insisted on the same argument.
However, this did not go well with the Sandiganbayan.
"The issue as to the propriety of remanding this case to the Office of the Ombudsman for reinvestigation was already sufficiently passed upon by the court in its assailed resolution," the court ruled.
"It is thus but proper for the accused-movants to show that the court erred in its findings and conclusions in denying their motions for reinvestigation. However, the accused-movants miserably failed to present any new or compelling arguments for the court to reverse its assailed resolution," it added.
The seven-page resolution was penned by Presiding Justice Amparo Cabotaje-Tang with the concurrence of Associate Justices Bernelito Fernandez and Ronald Moreno.