MANILA -- The Sandiganbayan has denied the request of a former Sulu governor to dismiss the graft charges against him in connection with the PHP3.25-million fertilizer scam in 2004.
The Third Division of the anti-graft court junked the motion to dismiss of Yusop Hussin Jikiri for lack of merit, saying he has not adequately established his claim of a violation of his right to speedy disposition of cases.
“Accused Jikiri's bare recital of the periods elapsed between: the creation of Task Force Abono; the filing of the complaint; the finding of probable cause; and the filing of the information; is wholly inadequate to establish inordinate delay. Indeed, it has been repeatedly held that a mere mathematical reckoning of time involved is insufficient,” the Sandiganbayan's resolution dated Aug. 31, 2018 read.
In his motion filed before the Sandiganbayan on July 9, 2018, Jikiri claimed that his constitutional right to speedy disposition of his cases was allegedly violated.
He argued that it took the Office of the Ombudsman more than five years and three months to file the cases against him before the Sandiganbayan on April 27, 2018.
He added that it took 14 years from the time the soil conditioner and organic fertilizer worth PHP3.25 million was procured until the cases were filed before the anti-graft court, or 12 years, if reckoned from the creation of the Task Force Abono-Field Investigation Office in 2006.
Aside from Jikiri, the Ombudsman filed graft and criminal charges against provincial accountant Mussah Lasa Jumsali, treasurer Amilkadra Amilasan and Department of Agriculture regional director Oscar Parawan.
The Ombudsman said that the respondents violated Republic Act 9184, or the “Government Procurement Reform Act”, such that no public bidding was conducted for the project.
The respondents allegedly gave unwarranted benefits, advantage or preference to private supplier Rim Allied Merchandise.
The Ombudsman said that the transaction caused undue injury to the government. (PNA)
