Based on newspaper reports, the Sandiganbayan found the evidence against former agriculture secretary Luis “Cito” Lorenzo et al. insufficient and ordered the Office of the Ombudsman to submit within 60 days “additional evidence” to support the case it filed against the respondents.
It is of public knowledge that in the Senate investigation into the alleged P723-million
fertilizer fund scam, thoroughly and exhaustively conducted by former senator Ramon Magsaysay Jr., voluminous documentary and numerous testimonial evidence, including a report from the Commission on Audit, were presented.
Section 1, Rule 129 of the Rules of Court provides the following: “Judicial Notice, When Mandatory—A court shall take judicial notice, without introduction of evidence, of the existence and territorial extent of states, their
political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.”
Pursuant to the above provision, the Sandiganbayan should have taken judicial notice of Magsaysay’s investigation (which need not be proved), especially the evidence gathered by the Senate during the hearing. Had it done so, in an honest-to-goodness evaluation of the case, the Sandiganbayan would have not made a finding of insufficiency of evidence and lack of probable cause in the charge against Lorenzo et al.
—TIRSO M. FAUSTO,
GSIS Village, Quezon City