The motions filed separately by Agriculture Secretaries Cito Lorenzo Jr. and Arthur Yap in connection with graft cases leveled against them have been junked by the Sandiganbayan’s Sixth Division.
Lorenzo and Yap, an incumbent representative of Bohol, face graft charges in connection with the alleged questionable procurement of fertilizers worth P46.4 million in 2003.
“The court finds that the material averments in the information, assuming them to be true, sufficiently allege all the elements constitutive of violation of Section 3(e) of Republic Act. No. 3019 (Anti-Graft and Corrupt Practices Act), as amended,” the court in denying their motions.
Associate Justice Kevin Narce Vivero penned the resolution, with the concurrence of 6th Division Chairperson Sarah Jane Fernandez and Associate Justice Maryann Corpus-Mañalac.
The Ombudsman alleged that Lorenzo, who was then Agriculture Secretary, and Yap, then National Food Authority Administrator, violated the Government Procurement Act when the two allegedly conspired with Philippine Phosphate Fertilizer Corp. representative Tomas Guibani for the negotiated procurement of fertilizers for the National Capital Region and Regions 2 to 5.
Both Lorenzo and Yap argued that the facts charged did not constitute an offense.
“Granting [for the sake of argument] that EO 40 is apropos, resort to methods of procurement other than competitive bidding remains subject to the following preconditions, to wit: when justified by extraordinary conditions, prior approval of the head of the agency, and resort thereto was made in the interest of economy and efficiency,” the anti-graft court said.
“These evidentiary matters require a fuller examination in a full-blown trial,” the court added.