Ynares insists on reinvestigation
Published Apr 12, 2019 04:45 pm
By Czarina Nicole Ong-Ki
Former Rizal Governor Casimiro Martin Ynares Jr. is asking the Sandiganbayan Third Division to reconsider having his graft charges reinvestigated in relation to the purchase of reportedly overpriced fertilizer worth P3.597 million for the province back in 2004 and 2005.
Sandiganbayan (MANILA BULLETIN)
The anti-graft court already issued a resolution on March 29, 2019 denying his motion for reinvestigation.
In his motion, Ynares highlighted the decision dated September 2, 2016 made by the Court of Appeals relating to the evidence and arguments submitted by the Solicitor General, acting as counsel for Task Force Abono - Field Investigation Office and Office of the Ombudsman.
The decision said that it was "unfair" to hold Ynares and his co-accused at fault for adhering to a specific brand of fertilizers, since they followed the findings of the technical working group (TWG) that only Bio Nature sold by Feshan Philippines Inc. fits the description or composition recommended in the purchase request dated September 10, 2014.
However, the anti-graft court denied his request because it was already time-barred, considering that the resolution of the Ombudsman finding probable cause against them was issued way back in June 2014 - more than four years ago.
The court said this is way beyond the five-day reglementary period prescribed under Section 7, Rule II of the Rules of Procedure of the Office of the Ombudsman.
In his MR, Ynares explained that he is not seeking for the outright dismissal of his charges. He only wants "to allow the reinvestigation of the above-captioned case by referring the newly-discovered evidence to the Office of the Ombudsman," the MR read.
He added that the admissions made by the Office of the Solicitor General are "tantamount to newly discovered evidence."
Ynares is facing two counts each in violation of Section 3(e) and another two counts of 3(g) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, for purchasing Bio Nature Liquid Organic Fertilizers that are overpriced by P3.237 million.
The prosecution said that each bottle of fertilizer only costs P187, but the ones Ynares bought from Feshan cost P1,500 each bottle.
Sandiganbayan (MANILA BULLETIN)
The anti-graft court already issued a resolution on March 29, 2019 denying his motion for reinvestigation.
In his motion, Ynares highlighted the decision dated September 2, 2016 made by the Court of Appeals relating to the evidence and arguments submitted by the Solicitor General, acting as counsel for Task Force Abono - Field Investigation Office and Office of the Ombudsman.
The decision said that it was "unfair" to hold Ynares and his co-accused at fault for adhering to a specific brand of fertilizers, since they followed the findings of the technical working group (TWG) that only Bio Nature sold by Feshan Philippines Inc. fits the description or composition recommended in the purchase request dated September 10, 2014.
However, the anti-graft court denied his request because it was already time-barred, considering that the resolution of the Ombudsman finding probable cause against them was issued way back in June 2014 - more than four years ago.
The court said this is way beyond the five-day reglementary period prescribed under Section 7, Rule II of the Rules of Procedure of the Office of the Ombudsman.
In his MR, Ynares explained that he is not seeking for the outright dismissal of his charges. He only wants "to allow the reinvestigation of the above-captioned case by referring the newly-discovered evidence to the Office of the Ombudsman," the MR read.
He added that the admissions made by the Office of the Solicitor General are "tantamount to newly discovered evidence."
Ynares is facing two counts each in violation of Section 3(e) and another two counts of 3(g) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, for purchasing Bio Nature Liquid Organic Fertilizers that are overpriced by P3.237 million.
The prosecution said that each bottle of fertilizer only costs P187, but the ones Ynares bought from Feshan cost P1,500 each bottle.