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MANILA -The Supreme Court (SC) has turned down for being moot a petition filed by one of senior Department of Agriculture (DA) officials indicted in the cases in connection with the PHP700-million fertilizer fund scam uncovered by the Senate in 2005. In a resolution uploaded online on March 23, the SC's First Division dismissed "for being moot and academic" the petition filed by retired former DA Regional Executive Director Roger C. Chio who died two years ago at the age of 74 questioning the Sandiganbayan's decision to proceed with trying him in the cases. Noting that the petitioner passed away during the pendency of his petition, his "death rendered his petition before this court, moot and academic as there is no longer any justiciable controversy, whose resolution would be of practical value and use," the tribunal said. Chio, along with other provincial officials of DA and lawmakers had figured in dozens of charges arising from fact finding investigations