The Sandiganbayan has moved to proceed with the graft trial of former Cagayan de Oro City Rep. Constantino Jaraula in connection with the alleged misuse of fertilizer funds worth P3 million from December 2003 to June 2004.
The anti-graft-court’s Second Division, in a resolution dated Jan. 10, denied Jaraula’s motion to dismiss his case for lack of merit.
Ombudsman investigators accused Jaraula of channeling P3 million in fertilizer funds to a foundation linked to detained businesswoman Janet Lim-Napoles.
The case stemmed from Jaraula’s endorsement of the Philippine Social Development Foundation Inc., which was based in Taguig City, as the partner nongovernment organization to implement his project in Cagayan de Oro City using fertilizer funds from December 2003 to July 2004.
Jaraula also appealed to the Sandiganbayan to order the Ombudsman to reinvestigate his case and have the charges against him dropped in lieu of the proceedings.
But the Sandiganbayan said only the charges against then Department of Agriculture regional officials Jose Quitazol Sr., Antonio Rosal, and Eduardo Lecciones Jr. would be reconsidered because they were not given a chance to submit their counter-affidavits.
“The allegations of herein movant are matters of defense not proper in a motion, more so, be based upon a condition. His defenses are evidentiary in nature and is best passed upon and ventilated upon a full-blown trial on the merits,” the anti-graft court said.
The complaint alleged that Jaraula signed the endorsement and the agreement with PSDFI even if the congressman failed to comply with the accreditation process mandates by Commission on Audit Circular 96-003, well as failed to submit the complete supporting documents.
PSDFI allegedly lacked qualifications having its funding sources as donations, grants and minimal membership fees. It also failed to submit a list of previous projects to prove its expertise.
Ombudsman Graft Investigation and Prosecution Officer III Charmaine Ruiz said despite the PSDFI’s alleged failure to deliver the fertilizer, officials of the Department of Agriculture’s Central Visayas and Northern Mindanao regional units managed to release the payments to PSDFI.
Jaraula was also charged with one count of violation of Section 3(g) of the antigraft law for allegedly entering into a contract that was disadvantageous to the government.