Sandigan dismisses 2nd Jaraula motion

By NITZ ARANCON, Correspondent .

THE 2nd Division of the Sandiganbayan has rejected former congressman and mayor Constantino Jaraula’s motion for reconsideration in connection with his 2014 agreement with one of the so-called Napoles NGOs linked to the fertilizer scam.

The anti-graft court, in a Nov. 26, 2019 resolution, dismissed Jaraula’s motion for it to reverse its earlier decision to trash the former congressman’s urgent consolidated motion to quash the information against him.

Those who signed the Nov. 26 resolution were Associate Justices Oscar Herrera who chairs the Sandinganbayan division, Michael Frederick Musngi, and Lurifel Lacap Pahimna.

On Aug. 24, 2019, the Sandiganbayan dismissed Jaraula’s urgent consolidated motion to quash the amended information. He filed it on Aug. 28, 2019.

Reads part of the November resolution: “After a careful review, the court denies the Motion for Reconsideration as the grounds raised are the rehash of the arguments he (Jaraula) made in his previous motion which has already been passed upon by this court in the assailed resolution.” 

Jaraula has argued that the case filed against him by the Office of the Ombudsman should be dismissed because of “inordinate delay” in the investigation.

The Sandiganbayan, however, stated that Jaraula failed to convince the court how he was prejudiced as a result of a reinvestigation ordered for the other accused who were not given the opportunity to file their counter-affidavit in the prior preliminary investigation.

The case for violation of Section 3(e) of RA 3019 was brought to the Sandiganbayan by the ombudsman as a result of his memorandum of agreement with the Philippine Social Development Foundation Inc. (PSDFI) on May 14, 2004.

PSDFI has been identified as one of the non-government organizations with links to pork barrel scam mastermind Janet Lim Napoles.

The agreement supposedly allowed PSDFI to gain access to Jaraula’s P3-million pork barrel fund via the “Farm Inputs and Farm Implement Projects” implemented by the Department of Agriculture.

 Jaraula told the Gold Star Daily he was unfazed even as he called the Sandiganbayan’s recent ruling against his motion as “normal.” 

“Basin ug gimingaw ang  Sandiganbayan sa ako, mao nang ilang gi-deny akong motion kay aron magpadayon kami ug husay,” Jaraula said.

He said he was not worried because the ombudsman has no evidence against him.

Jaraula maintained that the funds used in the distribution of fertilizers came from the agriculture department, and not from his priority development assistance fund allocation in 2014.

“Ang ma-ong abono gipalit sa Cebu ug gipa-agi sa regional office sa DA ug ilang gi-distribute sa akong congressional district. Pero ang gigasto pagpalit kuwarta sa DA, dili sa akong PDAF,” said Jaraula.

Asked why he signed the memorandum of agreement with PSDFI, Jaraula replied: ”Alang-alang dili nako pirmahan nga ang abono nadawat naman sa City Agriculture gikan sa regional office sa DA ug ilang nang nahatag sa City Agriculture ngadto sa mga farmers. Kinsa may dili mopirma ana nga gihatag gud. Imo lugar nga balibaran ang grasya?”