In observance of the Holy Week, the Philippine News Agency’s online news service will be off on March 29, Good Friday, and March 30, Black Saturday. Normal operations will resume on March 31, Easter Sunday.

— The Editors

SC orders Sandiganbayan to junk fertilizer cases vs. Lorenzo, Yap

By Benjamin Pulta

October 27, 2022, 1:00 pm

<p><em>(PNA file photo)</em></p>

(PNA file photo)

MANILA – The Supreme Court (SC) has ordered the Sandiganbayan to dismiss the five graft cases filed against former agriculture secretary Luis Ramon P. Lorenzo and former National Food Authority (NFA) administrator Arthur C. Yap over the alleged irregularities in the purchase of PHP46.45 million worth of fertilizers in 2003.

In its decision dated September 14 but only released on October 21, the SC sided with the petition of Lorenzo and Yap to dismiss the cases against them for the supposed “inordinate delay in the investigation of their cases on the part of the Office of the Ombudsman.”

The SC said the Sandiganbayan abused its discretion when it denied the accused’s motion to quash the charges “despite the prosecutions’ failure to provide sufficient justification for the delay in the termination of the preliminary investigation.”

“Consequently, the cases against petitioners before the Sandiganbayan should be dismissed for violation of petitioners’ right to speedy disposition of cases,” the SC said.

The cases against Lorenzo and Yap stemmed from the alleged irregularities in the procurement of fertilizer under the Ginintuang Masaganang Ani Rice Program from the Philippine Phosphate Fertilizer Corp. (Philphos) for several regions in Luzon.

The Ombudsman alleged that in 2003, then agriculture chief Lorenzo and Yap, the NFA administrator at the time, conspired with Philphos representative Tomas Guibani for the negotiated procurement of fertilizers, in violation of the Government Procurement Act.

The Ombudsman said Lorenzo and Yap “wielded their power as DA secretary and NFA administrator, respectively, to control the bidding procedures and technical requirements/eligibility of prospective bidders to tailor-fit the requirements of favored bidder, Philphos.”

However, Lorenzo and Yap claimed there had been an inordinate delay in the termination of the preliminary investigation against them.

They said that from October 2003, when the investigation began, until April 20, 2018, when they were charged before the Sandiganbayan, it took the Ombudsman more than 14 years to build a case. (PNA)

Comments