THE country’s anti-graft court has rejected for insufficient evidence corruption charges against a former official of the Department of Agriculture (DA) over the alleged misuse of P1.76 million worth of fertilizer funds.

In a decision promulgated on Feb. 14 but released only yesterday, the Sandiganbayan dismissed the lawsuit against Ricardo D. Oblena, a former regional executive director of the agency.

“The prosecution failed to show that there is sufficient evidence to prove that there was undue injury or actual damage suffered by the government for which the accused may be held personally liable,” the court said.

It noted that local government units had ultimately benefited from the funds.

The case stemmed from the Agriculture department’s 2003 fertilizer fund scam worth P728 million, which was allegedly diverted to the election kitty of former President Gloria Macapagal Arroyo.

The court said Mr. Oblena had not acted “with manifest partiality, evident bad faith or gross inexcusable negligence” when he entered into 13 deals with local officials and signed 32 vouchers for the release of the fertilizer funds to local governments.

The accused had authorized the transfer of the funds to local government units based on an order by no less than former Agriculture Undersecretary Jocelyn I. Bolante, it said.

The court further noted that the Commission on Audit had neither suspended nor disallowed the transfer of the funds to beneficiaries.

The Sandiganbayan canceled and released the bail bond posted by Mr. Oblena, subject to the usual accounting and auditing procedures.

It also recalled the hold order that prevented the accused from leaving the country. — Genshen L. Espedido

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