The Sandiganbayan Second Division has dismissed the graft charges filed against Leyte Rep. Jose Carlos Cari and his mother, Baybay City Mayor Carmen Cari in connection with P2.94-million fertilizer fund scam, citing unreasonable delays in the Ombudsman's investigation.
The anti-graft court, in its 10-page resolution dated Jan. 8, said the delay for almost 11 years on the part of the Ombudsman to carry out the investigation violated the Caris’ right to the speedy disposition of their cases.
The court included the fact-finding investigation by Task Force Abono from February 2006 to October 2012 in dismissing the case for “inordinate delay.”
The graft and malversation charges stemmed from the alleged procurement irregularities in the purchase of 600 gallons of liquid fertilizers from Castle Rock Construction from April 2004 to January 2005.
The fertilizers were allegedly bought without public bidding, while the procurement documents specified the brand name Bio-Nature, violated the Government Procurement Reform Act.
The elder Cari was the district’s representative while her son was the city mayor at the time the alleged illegal act was committed.
Field investigators came up with a formal complaint on Oct. 18, 2012 after six years of gathering evidence. But the preliminary investigation ended upon the filing of the charges in the court last Aug. 1.
Given this, the anti-graft court said the performance of the Ombudsman “should not only be gauged by the quality of the assessment but also by reasonable promptness of its dispensation.”
The court noted the Ombudsman itself “acknowledged” the “seriousness of the delay and prejudice suffered by the accused,” since the passage of time made it difficult to secure witnesses and evidence in their defense.
Aside from the Caris, also cleared were Baybay City accountant Evelinda Oppus and treasurer Paquita Austero.
The resolution was penned by Associate Justice Lorifel L. Pahimna and concurred in by Associate Justices Oscar C. Herrera Jr. and Michael Frederick L. Musngi.