The Supreme Court (SC) granted the petition filed by former Gov. Arthur Yap and former Agriculture Sec. Luis Ramon Lorenzo which assailed

the resolution of the Sandiganbayan denying their motion to quash information.

The case stems from the alleged fertilizer scam in 2003, according to reports.

Yap and Lorenzo filed a motion to quash information, which was denied by the Sandiganbayan in 2018 through resolutions.

Petitioners Yap and Lorenzo assailed the Sandiganbayan’s resolution before the High Court.

The 36-page decision was penned by Associate Justice Alfredo Benjamin Caguioa and dated Sept. 14, 2022.

“The assailed Resolutions dated August 9, 2018 and September 25, 2018 of the Sandiganbayan Sixth Division in Criminal Case Nos. SB-18-CRM-0288 to 0292 are ANNULLED and SET ASIDE,” the Supreme Court said.

“The Temporary Restraining Order issued by the Court on June 10, 2019 in these cases before the Sandiganbayan is hereby made PERMANENT. The Sandiganbayan is hereby ordered to DISMISS Criminal Case Nos. SB-18-CRM-0288 to 0292 for violation of the constitutional right to speedy disposition of cases of petitioners Luis Ramon P. Lorenzo and Arthur C. Yap,” the Supreme Court decision mentioned.

The Supreme Court gave an explanation behind its decision when it said, “In sum, the Court finds that the Sandiganbayan committed grievous error in refusing to consider the evidence aliunde presented by petitioners [Yap and Lorenzo] in their motions to quash on the ground that the facts charged do not constitute an offense.”

“Moreover, the Sandiganbayan gravely abused its discretion in denying petitioners’ motions to quash despite the prosecutions’ failure to provide sufficient justification for the delay in the termination of the preliminary investigation,” the court added.

“Consequently, the cases against petitioners [Yap and Lorenzo] before the Sandiganbayan should be dismissed for violation of petitioners’ right to speedy disposition of cases,” the court mentioned in the decision.

BACKGROUND

The case stems from an incident back in 2003, during the time when Lorenzo was the agriculture secretary and Yap was the National Food Authority (NFA) administrator.

The case has something to do with the procurement of fertilizers from the Philippine Phosphate Fertilizer Corp. (Philphos).

A representative from Philphos, Tomas Guibani, was also included in the charge sheet.

The personalities mentioned were allegedly involved in the anomalous purchase of fertilizer in violation of Republic Act   9184 and other related laws.

The fertilizers were procured under the Ginintuang Masaganang Ani (GMA) Rice Program in 2003.