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Ex-Rizal gov asks Sandiganbayan: Probe graft raps again

Feb 6, 2019 @ 18:36

Former Rizal governor Casimiro Ynares Jr. has asked the Sandiganbayan 3rd Division to order the Office of the Ombudsman to reinvestigate the graft charges against him concerning his involvement in the fertilizer fund scam.

In his motion, Ynares cited that the Court of Appeals (CA) 2016 decision has found nothing illegal over the 2004 purchase of fertilizers which was the basis of the Ombudsman in filing the charges before the Sandiganbayan.

“If these evidence and admissions were submitted during the preliminary investigation and considered in the resolutions of finding probable cause, in all probability, the Office of the Ombudsman could have ruled that there was no probable cause to indict the accused,” Ynares said.

The graft case he is facing before the Sandiganbayan concern the 2004 and 2005 purchase of fertilizers from Feshan Philippines.

The Ombudsman which filed the charges alleged that the purchases did not undergo public bidding and that the fertilizers were overpriced.

However, Ynares said the CA ruling justified the purchase since only Feshan Philippines met the requirements mentioned in the purchase request of the local government.

“The complaint against him and all other petitioners is bereft of any allegation sufficient to overturn the presumption of good faith in the performance of official duties,” the CA ruled.

Ynares said the CA ruling can be considered as new evidence that the Ombudsman was not yet in possession of during the conduct of the preliminary investigation.

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