The Sandiganbayan has junked the bid of Edgar Gadingan Rama, former mayor of Poro town in Cebu, and four others to dismiss the graft and malversation cases filed against them for alleged violation of their right to speedy disposition of cases.
Aside from Rama, those who pleaded for the dismissal of their cases were bids and awards committee (BAC) members William Surbano, Gorgonia Gonzales, Sergio Zurita, and Nilo Gorgonio in their motion filed on Oct. 27, 2020.
They banked their plea on a July 28, 2020 decision of the Supreme Court (SC) which dismissed the Sandiganbayan case against their co-accused -- North Cotabato 2nd District Rep. Nancy Catamco and Perzebros Company representative Pompey Perez -- for violation of their right to speedy disposition of cases.
In dismissing the motion filed by Rama and his group, the Sandiganbayan said that the SC ruling applied only to Catamco and Perez.
It cited the letter the Dec. 14, 2020 letter of Chief Justice Diosdado M. Peralta. The letter states:
"Please take note that the prefatory and dispositive portions of the Decision dated July 28, 2020 of the First Division in G.R. Nos. 243560-62 and 24361-63, pertain only to the two petitioners in the consolidated cases, specifically: Nancy A. Catamco (formerly Nancy C. Perez) and Pompey M. Perez."
In a resolution written by Associate Justice Sarah Jane T. Fernandez and concurred in by Associate Justices Karl B. Miranda and Kevin Narce B. Vivero, the Sandiganbayan said:
"There being no doubt that the Supreme Court's directive in the Decision dated July 28, 2020 applies only to accused Catamco and Perez, accused Rama et al's instant Omnibus Motion has no basis."
But the resolution gave Rama and his group time to prepare for the presentation of their evidence. It reset the hearings on their cases to April 15 and 15 and all Wednesdays and Thursdays thereafter.
Rama and his group were charged with giving undue advantage to Perzebros Company, in which Catamco and Perez are partners, when they procured 3,333 bottles of Vitacrop liquid organic fertilizers at P1,500 per bottle without public bidding and recommendation from the BAC.
Rama reportedly acted on the basis of Sangguniang Bayan Resolution No. 2004-34 authorizing him to directly contract with Perzebros Company and approve the payment of P5 million.
However, the said fertilizers - which were bought as part of the Department of Agriculture's (DA) Regional Field Office VII Farm Inputs and Farm Implements Program (FIFIP) - were found overpriced by the Commission on Audit (COA) by at least P1,092 per bottle.