The anti-graft court has dismissed the corruption case against North Cotabato Governor Nancy Catamco and former Lazi Mayor Orville Fua of Siquijor over the alleged irregular purchase of fertilizers 16 years ago.
In a resolution promulgated on Jan. 19, Sandiganbayan’s fourth division said it found the evidence against Catamco “insufficient to establish her participation in the alleged crime, through conspiracy, even by circumstantial evidence.”
Catamco — still a civilian at the time and using the name Nancy Perez of Perezbros Company with her former husband — was charged in 2005 for violation of Section 3(e) of RA 3019 of the Anti-Graft and Corrupt Practices Act together with Fua and seven others.
Fua and several other local officials were accused of conspiring with the representatives of Perezbros when they purchased 1,866 liters of VITACROP liquid organic fertilizers at PHP1,500 per bottle or a total of PHP2,687,040.
The prosecution claimed that the transaction violated RA 9184 or the Government Procurement Reform Act and its implementing rules and regulations.
In her defense, Catamco said she was not accorded her right to a preliminary investigation and that she received no notice requiring her to submit a counter-affidavit before the Office of the Ombudsman.
If she had only been accorded her right to preliminary investigation, she said, the Ombudsman would not have found probable cause against her because she had no participation in the questioned transaction.
“There are indeed missing links that the prosecution evidence could not fill in to prove the guilt of Catamco beyond reasonable doubt or even the probability of guilt sufficient to bind the accused to stand trial,” the Sandiganbayan said in its ruling.
In a statement Wednesday, Catamco said she hopes the decision would silence many of her political detractors “who have maliciously prejudged” the outcome of the investigation.
“I always look the brighter side of every situation; it taught me to be a better person,” she said, reacting to the court’s decision. “We have a lot of things to do, especially the ‘Serbisyo Caravan’ to far-flung communities lined up for 2021.”
Associate Justice Alex L. Quiroz, division chairperson, and members Associate Justice Lorifel Lacap Pahimna, and Associate Justice Bayani H. Jacinto signed the Sandiganbayan resolution. (PNA)