Ombudsman urged to file raps in fertilizer fund scam

Senate President Franklin Drilon urged the Office of the Ombudsman yesterday to initiate its own investigation and file graft charges against Department of Agriculture (DA) and local government officials involved in the P728-million fertilizer scam.

Drilon explained that the Ombudsman need not wait for the Senate to finish its congressional probe on the fertilizer scam before conducting its own investigation on the matter. "It is the principal mandate of the Ombudsman to look into cases like this," he said.

The Senate will submit all the necessary documents and testimonial evidence to the Ombudsman.

"Considering the gravity of this mind-boggling corruption scheme and the reckless paper trail it left behind for everyone to see, I think it is now incumbent upon the Office of the Ombudsman to take over this case," Drilon said.

"The evidence is overwhelming. The COA itself said there was massive overpricing of fertilizer at the expense of our poor and starving farmers."

Drilon said he was confident Ombudsman Merceditas Gutierrez would prosecute those responsible for the fertilizer scam.

"I remember that when Ombudsman Gutierrez assumed office, she vowed that she would spare no one in the campaign against corruption in government. I am confident she will be true to her word," Drilon added.

Drilon made the call after government auditors confirmed on Thursday that the fertilizer used in the Ginintuang Masaganang Ani (GMA) hybrid rice program was overpriced by at least P127 million.

The DA fund was reportedly managed by controversial former DA undersecretary Jocelyn "Jocjoc" Bolante, the alleged chief architect of the fertilizer fund program.

The opposition claimed the Arroyo administration allegedly diverted the fertilizer funds to ensure the victory of President Arroyo in the May 2004 elections.

According to Drilon, documents from the COA showed that more than 100 House of Representatives members, 53 governors and 26 town mayors received between P3 million and P10 million each in fertilizer funds from the DA shortly before the May 2004 elections.

During the Senate hearing Thursday, the Commission on Audit (COA) confirmed that the overspending was noted specifically in the P97-million fund for the purchase of fertilizers from suppliers and the P160-million budget allocated for non-government organizations and people’s organizations.

During the hearing, a broker also exposed an alleged conspiracy between DA officials and local politicians to skim the fund for liquid fertilizer.

Jose Barredo Jr., an agent of a fertilizer supplier, said he met with congressmen, governors and mayors in their homes to persuade them to avail themselves of the DA fund by dangling an offer — a 30-percent commission.

Barredo said that between January and April 2004, he worked with one Maritess Aytona, believed to be one of the owners of medical supplier Feshan Philippines Inc. and a Bolante go-between.

He said it was Aytona who took care of getting the required papers signed, and having the necessary funds as well as the commissions released.

Citing a summary of the audit observation memorandum, COA auditor Flerida Jimenez said there was overpricing of P48.67 million for the purchases made from the P97-million fertilizer fund and P79.674 million from the P160-million NGO fund.

Jimenez told the Senate Committee on Food and Agriculture, chaired by Sen. Ramon Magsaysay, that P643 million of the P728-million fund allotted to the GMA project were allocated to regional field units of the Department of Agriculture.

Malacañang, upon the request of Bolante, made available to the agriculture department a total of P2.8 billion, including P544 million that came from sequestered Marcos family assets which, under the law, should be used for agrarian reform. The funds were released between February and April last year.

Nowhere man

Bolante disappeared from public view after he was implicated in the scam last year.

Immigration authorities across the country are on the lookout for Bolante, Immigration Commissioner Alipio Fernandez said.

"Immigration personnel at various ports have been instructed to hold him and turn him over to the Senate as soon as he lands," Fernandez told The STAR.

He said there is no record that Bolante has returned to the country since he flew to Hong Kong via Cathay Pacific Airlines ast Dec. 12.

The bureau has no idea where Bolante is. Reports have it that he is in the United States. "Our concern is limited to the direct country of destination," Fernandez said.

He said Bolante apparently holds only a US tourist visa which, he noted, could entitle him to stay in the US for as long as six months. "This period could be extended," he added.

The Senate had summoned Bolante several times after he was implicated but Bolante had reportedly gone abroad to attend conferences of the Rotary International club.

Frustrated by Bolante’s non-appearances, Magsaysay put up a bounty for the undersecretary’s arrest.

Meanwhile, two congressmen urged the Senate and the Commission on Audit (COA) yesterday to file charges against House members who they claimed were involved in the fund diversion.

At the same time, Deputy Speaker Gerry Salapuddin and Leyte Rep. Eduardo Veloso asked the COA to do an exhaustive audit not only of the congressmen’s annual pork barrel allocations but of the senators’ funds as well.

They said since senators and auditors had found irregularities in the release and use of fertilizer funds, they should file or initiate the filing of appropriate charges against those behind the alleged anomalies.

They said if some senators received fertilizer money and misused it, they, too, must be exposed and charged.

"In the spirit of fairness, there must be proper accounting of funds of not only national agencies but also of senators," said Salapuddin. - With Ding Cervantes, Jess Diaz, Rainier Allan Ronda