Sen. Lapid agrees to arraignment to be able to travel to Germany

Senator Lito Lapid. INQUIRER file photo

Sen. Lito Lapid agreed to be arraigned for his graft charge in order for the court to allow him to travel to Germany for a tourism summit.

The senator appeared before the Sandiganbayan First Division Thursday for his motion for leave to travel to Berlin, Germany from March 7 to 15 to attend the Internationale Tourismus Borse (ITB).

But the court said Lapid has to undergo conditional arraignment before the court grants his motion to travel.

After a brief talk with his lawyers, Lapid agreed to be arraigned. He pleaded not guilty to his graft charge.

READ: Lito Lapid indicted in fertilizer fund scam

Lapid agreed to be arraigned despite his earlier request to defer his arraignment pending the resolution of his motion for reconsideration on the court’s finding of probable cause against him.

After Lapid agreed to a conditional arraignment, the court granted his motion to travel to Germany.

In his motion for leave, Lapid said his presence as chair of the Senate tourism committee “is important if not indispensable, as participants from over 180 countries shall be on attendance.”

“This event shall be the Philippines’ platform to promote the country as a prime tourist spot,” Lapid’s motion read.

In an interview, Lapid said he agreed to be arraigned because he was confident that the case would be dismissed because of weak evidence.

“Gusto ko na rin na umusad ang kaso at tiwala naman tayo na mahina ang ebidensya laban sa atin. Naniniwala tayo na madi-dismiss ang kasong ito,” Lapid said.

The court ordered Lapid to pay a P30,000 bail bond for his one count of graft.

Lapid had filed a motion to dismiss the case, citing inordinate delay on the part of the Ombudsman investigators for sitting on his case for five years before filing the charge against him.

Ombudsman prosecutors filed one count of graft against the outgoing senator for allegedly violating Section 3(e) and 3(g) of the Anti-Graft and Corrupt Practices Act over the purchase of allegedly overpriced foliar fertilizers when he was Pampanga governor.

READ: Lapid faces graft rap over overpriced fertilizers

State prosecutors said that in 2004, Lapid, then Pampanga governor, purchased 3,880 liters of Macro-Micro foliar fertilizers which was overpriced by P4.268 million.

The transaction gave undue benefit to Malayan Pacific Trading Corp. (MPTC) and D.A. Vazquez Macro Micro Fertilizer Resources (DAVMMFR).

Prosecutors also noted badges of fraud in the procurement, such as the purchase of the fertilizers from MPTC without public bidding and the inordinate speed by which the transaction was consummated.

The Ombudsman said Lapid issued the purchase order/request on May 24, 2004, on the same day the fertilizers were delivered. The MPTC was also fully paid on May 26, 2004, or just 14 days after the price quotations were submitted by DAVMMFR on May 12.

Lapid also certified that there were no more alternatives to the purchased fertilizers to unlawfully resort to direct contracting despite the availability of a cheaper substitute, Ombudsman prosecutors said.

Prosecutors said Lapid gave undue benefit to the suppliers to cause government undue injury worth P4.268 million.

Lapid denied there was an overprice in the fertilizers and maintained that there were no cheaper substitutes in the market.

Lapid’s funds for the foliar fertilizers were sourced from the P728-million “Ginintuang Masaganang Ani Program” of the Department of Agriculture under the administration of former President Gloria Arroyo meant to provide poor farmers with fertilizer, irrigation, seeds, education and training, loans, as well as dryers and post-harvest facilities.

The P728 million fertilizer funds were part of an alleged scam of diverting the funds to Arroyo’s campaign kitty to pay off favored local officials. The funds were released three months before the 2004 elections. Arroyo was cleared by the Ombudsman over the alleged scam.

Lapid is seeking the mayoralty seat in Angeles city, Pampanga in 2016 after his six-year term as senator. He is known as a top absentee in the Senate.

His son Mark, current head of the Tourism Infrastructure and Enterprise Zone Authority, is seeking the Senate seat as a guest candidate of the Liberal Party.