Ex-Isabela governor asks court to hold arrest warrant
Former Isabela Gov. Grace Padaca has asked the Sandiganbayan to refrain from ordering her arrest and to reconsider its earlier resolution finding probable cause to issue a warrant against her for her graft and malversation cases.
In an urgent omnibus motion, Padaca on Monday sought the dismissal of the charges against her and said there was no reason to hold her liable for the alleged mishandling of funds since the evidence did not show any wrongdoing on her part.
The criminal cases against Padaca stemmed from the allegedly improper award of a P25-million contract to private firm Economic Development for Western Isabela and Northern Luzon Foundation Inc. (Edwinlfi) to manage the supervised credit facility for rice farmers. The deal was entered into without a public bidding.
Padaca had contested the cases before the Office of the Ombudsman, but her motions for reconsideration were denied last month. Subsequently, the Sandiganbayan Fifth Division issued a resolution on March 23 saying there was probable cause to issue a warrant against her.
But Padaca, in her motion Monday, asked the court to hold the issuance of the warrant as she contests the findings against her.
According to her, the court’s resolution did not state what evidence was reviewed in determining probable cause. She said it may be assumed that the court relied on the findings of the Office of the Ombudsman, but she added that these findings were erroneous.
She also said there was no injury to the government when the contract was awarded to Edwinlfi.
The lack of a public bidding was not a reason to conclude that there was injury to the government because the procurement law did not apply to the transaction, she said.
She said the province’s memorandum of agreement with the group did not involve a government procurement, and did not expose the provincial government to financial risk.
The Isabela government just got the services of a nongovernment organization which volunteered to manage or administer the provincial rice program, she explained.
“Considering that the MOA does not ‘award’ any financial contract to Edwinlfi, as in fact it appears to be merely a listing of the parameters of Edwinlfi’s participation in the project, the alleged ‘lack’ of a bidding is of no consequence, and certainly does not amount to a commission of a crime,” she said.
Edwinlfi did not get any unwarranted benefits as well, Padaca contended.
She said there was no evidence to show she favored the group. The beneficiaries of the rice program in relation to the MOA were the Isabela farmers, through the credit line established by the MOA, she added.
Edwinlfi did not get any financial gain from executing the MOA with Isabela, she further said. According to her, the MOA did not provide any payment to the group for its services.
