THE Sandiganbayan has denied a motion filed by Capiz Rep. Jane Tan Castro seeking the quashal of the subpoena duces tecum/ad testificandum issued by the Sandiganbayan in connection to the graft trial against former Agriculture Secretaries Proceso Alcala and Bernie Fondevilla.
Fondevilla served as acting DA chief from March to June 2010 during the Arroyo administration and was succeeded by Alcala, who served six years until June 30, 2016 under the Aquino presidency.
The Sixth Division of the Sandiganbayan said the Western Visayas lawmaker failed to raise a valid ground to quash the subpoena issued by the anti-graft court on June 19, 2023.
Castro was required to submit a judicial affidavit to the division clerk of court and to testify in both cases.
Defendants sought production in court of a letter request dated March 9, 2010 which originated from the Office of the Representative of the Second Legislative District of Capiz. Former Rep. Fredenil Castro was the signatory in the said letter.
Fondevilla was charged in the first graft case together with former Bureau of Soils and Water Management (BSWM) Silvino Tejada, Inspection Committee chairman Uldarico Andal, Procurement Unit head Sonia Salguero, Bids and Awards Committee Rodelio Carating, Diosdado Manalus, Ernesto Brampio; and BSWM officers Ester S. Santos, Arnulfo Gesite, Wilfredo Sanidad, and Rafael Monte, and private defendants Elmer Baquiran and Eduardo Villamor concerning the alleged anomalous procurement of 1,500 shallow tube well (STW) pump and engines with a total value of P116.925 million on April 12, 2010.
Graft investigators from the Office of the Ombudsman said the contract was awarded to Agricom via negotiated procurement.
On the other hand, Alcala was named in the second graft case involving the purchase of 375 STW pumps and engines worth P29.23 million based on a request by Tejada.
Prosecutors said the transaction was anomalous since the negotiated procurement pushed through when there was no second failed public bidding.
A team of government auditors from the Commission on Audit found that many STW pumps and engines went to waste, having been left undistributed and idle because the supposed beneficiaries did not want them.
In her motion to quash, Castro pointed out that she is a first-term legislator having been elected to the post in the May 9, 2022 elections while the cases were filed back in 2019 before the assumed her office.
She added that she does not know any of the defendants aside from having no personal knowledge of any mater relative to the pending cases hence, requiring her to testify in court would only be a waste of time.
Defendant BSWM executives argued that the court may consider continuity of office and possible availability of records and information regarding the procurement transactions.
