Ex-PNR execs appeal for dismissal of cases on questionable wood purchase | ABS-CBN

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Ex-PNR execs appeal for dismissal of cases on questionable wood purchase

Ex-PNR execs appeal for dismissal of cases on questionable wood purchase

Adrian Ayalin,

ABS-CBN News

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MANILA - Several former officials of the Philippine National Railways (PNR) have filed reconsideration pleas after the Sandiganbayan denied their motions to dismiss their cases stemming from the allegedly anomalous purchase of soft wood for railroad tracks in 2013.

In his motion for reconsideration, former PNR General Manager Junio Ragragio argued that the purchase of Larch wood ties does not constitute any violation of the Government Procurement Act.

He added that the procurement was not only limited to Yakal wood as discussed during the pre-bidding for the contract.

“For instance, in this case, a pre-bid conference was conducted wherein it was clarified that although Yakal was initially indicated in the original bid documents, what is actually sought to be procured is Yakal wood or other species or kinds of wood as long as it conforms to the mechanical and related properties of Philippine woods,” Ragragio said through his lawyer Ederlyne Go.

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"This is in compliance with Executive Order No. 23 which ordered a logging ban for Yakal and other Philippine timber, resulting in Yakal no longer being legally available in the market."

Ragragio and other PNR officials - Estelito Nierva, Abdul Aziz Pangandaman, Neofito Perilla, Marlo Arias, Cesar Bocanog, Ruben Besmonte and Divina Gracia Dantes - are facing two counts of graft for the purchase of substandard larch wood, a kind of soft wood, imported from China.

Based on the charge sheet of the Office of the Ombudsman, two payments totaling P47.13 million were made to Nikka Trading, which holds office in Bel-Air, Makati.

Accused Besmonte and Dantes also filed their motion for reconsideration arguing further for the dismissal of their cases.

Besmonte and Dantes cited Supreme Court decisions such as in the Angchangco Jr. vs. Ombudsman case, where the dismissal of a criminal case is warranted if the inordinate delay in resolving a complaint is violative of the constitutionally guaranteed right to due process and to the speedy disposition of cases.

The former PNR officials are scheduled to be arraigned on Friday.

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