Antigraft prosecutors have asked the Sandiganbayan to sustain the Office of the Ombudsman’s finding of probable cause to charge former Palawan Gov. Mario Joel Reyes with graft in connection with the anomalous purchase of P3.25-million worth of farm supplies and inputs in 2004.
In a 12-page comment, the Ombudsman’s Office of the Special Prosecutor opposed Reyes’ motion for judicial determination of probable cause before the court’s Fifth Division.
Not enough evidence
Reyes’ motion argued that there was not enough evidence to show that he should face trial for graft.
But prosecutors pointed out it was not for the court to determine at this early stage whether enough evidence could be presented.
“A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed and that it was committed by the accused,” the opposition read. “A finding of probable cause does not require an inquiry as to whether there is sufficient evidence to secure a conviction.”
Factual allegations
Prosecutors added that the justices’ determination of probable cause should only be limited to the matter of whether an arrest warrant should be issued against the accused.
They also maintained that the factual allegations of graft have been amply supported by the records.
Reyes denied having a hand in the accreditation of Masaganang Ani Para sa Magsasaka Foundation Inc. (Mamfi), the partner nongovernment organization later found to be ineligible to undertake the project under Commission on Audit rules.
Since it was the Department of Agriculture that extends the financial assistance, he said it was not the provincial governor’s duty to engage Mamfi as supplier.
But, the opposition countered that because he was a party to the memorandum of agreement, Reyes’ duty was to assist Mamfi and facilitate the submission of its documentary requirements. Yet, Reyes allegedly allowed the transaction without any objections.
Prosecutors also questioned why Reyes never demanded the immediate fulfillment of Mamfi’s obligations under the MOA.
Authorization
The opposition also asserted that contrary to Reyes’ argument, he is still required to secure the authorization of the provincial council before entering into the MOA even if the funds do not come from the provincial treasury.
“The points raised by accused movant [Reyes] primarily zero in on evidentiary matters that are best passed upon in a full-blown trial on the merits,” the opposition read.