The Sandiganbayan Third Division has affirmed the graft charge filed against Mangopina Trading Co. Inc. representative Merlyn Lu, one of the co-conspirators in the case filed against former Lazi, Siquijor Mayor Orville Fua.
Lu and Fua, together with several others, were accused of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act due to the alleged irregular purchase of fertilizers worth P4.99 million for the municipality in 2004.
On May 7, 2004, the accused local officials reportedly conspired with Mangopina Trading Co. Inc. when they purchased 2,096 bottles of MRG Liquid Fertilizer priced at P1,550 per bottle and 1,258 bags of DEL GRO Super Foliar Fertilizer, also priced at P1,550 per bag for a the total purchase amounting to P4,990,752.
However, the transaction was attended by several violations of Republic Act No. 9184 or the Government Procurement Reform Act and its Implementing Rules and Regulations since the accused prematurely issued the purchase request, made reference to brand names, and failed to secure a performance security bond. There was also lack of proof of the project's implementation.
Lu filed an Omnibus Motion and prayed for the dismissal of the case against her on the grounds of prescription of the offense, inordinate delay, and lack of preliminary investigation. She added that her alleged participation does not constitute an overt act.
She claimed that she was not able to participate in the preliminary investigation before the Office of the Ombudsman because she was not notified of the case against her, therefore, her right to due process was violated.
Lu added that there was inordinate delay in resolving her case because the incident took place on April 4, 2004. Since 15 years had already lapsed, Lu claimed to be in a "serious disadvantage" due to memory gap and loss of evidence for defense.
However, the anti-graft court found her motion devoid of merit. It said that the Ombudsman sent an order for Lu to submit her counter-affidavit. However, it was returned with the notation: "Addressee unknown." Despite the return, copies of the Resolution dated July 12, 2017 were still sent to her residential address and the address of Mangopina Trading Co.
The Sandiganbayan likewise found no violation of Lu's right to due process and to a speedy disposition of case. "Clearly, the proceedings before the Office of the Ombudsman was not attended by vexatious, capricious, and oppressive delays."
The 12-page resolution was written by Presiding Justice Amparo Cabotaje-Tang and was concurred in by Associate Justices Bernelito Fernandez and Ronald Moreno.
The other co-accused in the graft charge include former Lazi Municipal Planning and Development Coordinator Teodoro Jumadla Jr., Municipal Accountant Ana Marie Leilani Monte, Municipal Treasurer and Bids and Awards Committee (BAC) member Rose Marie Tomogsoc, BAC Chairman Ivan Marchan, Municipal Engineer Natalio Jumawan Jr., Private Secretary Sue Agnes Castillon, and Magnolia Trading Co. Inc. representative Yolanda Milne.