Former Aglipay mayor cleared of graft charge

SOURCE: MANILA BULLETIN

Former Aglipay Mayor Leonard Martin Sr. has been cleared by the Sandiganbayan Fifth Division of his graft charge in relation to the reportedly anomalous purchase of equipment worth P2.8 million for the municipality due to the inordinate delay of the prosecution.

Martin was cleared of his charge alongside Municipal Treasurer Maritoni Eustaquio, Municipal Accountant’s Office Officer-in-Charge Gilvern Manzano, Municipal Supply Officer Reynante Pastor, and Private individuals – Agri-Component Corporation (AGRICOMP) Authorized Representative Elpideo Colobong Jr. and Head Elmer Baquiran.

They filed a motion praying for the quashal of the case based on the ground of inordinate delay. They argued that the Office of the Ombudsman incurred a delay in the disposition of the case against them, as well as the filing of Information before the Sandiganbayan.

In the motion, they revealed that it took 11 years and seven months from the time the complaint was filed to reach the anti-graft court.

Martin, Eustaquio, Manzano, and Pastor, in particular, stressed that “the psychological, social, financial and emotional torment is too much to bear.” But the prosecution stated otherwise, insisting that the delay – while “considerable” – was not vexatious or oppressive to warrant the dismissal of the case.

The prosecution added that their computation only took six years and 11 months since they counted starting from the preliminary investigation stage, and not the fact-finding stage.

For its part, the Sandiganbayan sided with the defense and said that the delay incurred by the prosecution “is simply undue.”

“Clearly borne from the records, the more than 11 years period consumed in the investigation and resolution of the case to the filing of the Information in Court was vexatious. There is no reason to justify the delay, which warrants the dismissal of this case,” the resolution read.

The 10-page resolution was penned by Associate Justice Maryann E. Corpus Manalac and concurred by Associate Justice Rafael Lagos and Maria Theresa Mendoza-Arcega.

Their graft charge was due to the unwarranted benefits and privilege given to AGRICOMP sometime between May 2004 to June 2006 when they purchased pieces of equipment via direct contracting for the municipality.

These are one unit of Kubota Tractor 4WD Model 90000DT with Serial No. 59402 worth P2,090,000; one unit of AGRICOMP Harrow Model 10×10 frame, imported 4×4 square tube gang frame channel bar shuffling 1/3 diameter disc heavy duty section and complete with accessories worth P180,000; and two units of dumping trailer double tire 8.25×20 brand new accessories with tail light and hand break for P440,000.

They also purchased a Multi Crop Thresher with 12.5 HP diesel engine for P121,000 and one set of maintenance tools for P59,000.

They pushed through with the transaction without complying first with mandatory public bidding, which is required under R.A. 9184 and its implementing rules and regulations.

The accused local officials also facilitated the payment to AGRICOMP despite irregularities, therefore causing undue injury to the government in the total amount of P2,794,000.