REPRESENTATIVE Abdullah Dimaporo of Lanao del Norte province sought for detention in a hospital in San Juan City, following the court’s order to have him arrested over the P728-million fertilizer fund scam.
The lawmaker asked the Sandiganbayan for him to be placed under hospital arrest in Cardinal Santos Medical Center for “progressive chest pain.”
His lawyers at the Chang & Padilla Law Office said that Dimaporo’s physician advised him to remain in the hospital given his serious medical condition which requires constant monitoring and treatment.
In a medical certificate attached to the motion, Dr. Abdel Hussein Lucman said that his patient had “progressive chest pain, crushing in character, associate with dizziness and headache.”
The doctor added that initial assessment showed that an acute myocardial infarction is considered and was “advised immediate admission.”
Dimaporo also asked through his legal team to open a bail hearing in line with his malversation charge over the fertilizer fund scam.
While his graft charge is bailable, malversation is not.
He said that considering that his “guilt is not strong” he can apply for a bail petition for the court to determine if he is negligent enough for the crimes hurled against him
If the court finds the evidence weak, Dimaporo could be allowed to post bail set upon by the court, however, it does not translate to immediate dismissal of case. Otherwise, he had to stay under detention.
In challenging the evidence of the Office of the Ombudsman, he said that he never received any of the P5 million allocated for the purchase of 10,000 Saka organic fertilizer.
He added that it was the Lanao Foundation Inc. (LFI) who “actually received” the questioned budget release.
He said that it since the multi-million fund did not pass through his hand, it is “inherently impossible” for him to commit malversation.
Dimaporo pressed that he did not falsify any documents and that given the money was directly released by the Department of Agriculture in Northern Mindanao to LFI, he did not as well gave LFI unwarranted benefit.
Dimaporo likewise stressed that even the Commission on Audit showed that the conduct of the Farm Input/Farm Implement Program is “valid, legal and regular.”
“Accused Dimaporo was not even personally involved in the actual implementation of the program and was not a party in the administration, management and disbursement of either the subject fund or fertilizers,” the motion read.
His lawyers asked the court to allow him to also post bail in the non-bailable malversation charge and that pending the grant of bail, that he be detained in Cardinal Santos for his heart ailment.