Bolante, others deny graft charges related to fertilizer scam

MANILA, Philippines – Former agriculture undersecretary Jocelyn “Jocjoc” Bolante and other public officials and private persons implicated in the P728-million fertilizer fund scam have denied the criminal charges lodged against them in connection with the controversy, the Office of the Ombudsman said yesterday.

Bolante filed a counter-affidavit in response to charges of violations of Section 3 (e) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and Article 220 of Revised Penal Code, saying there were no irregularities in the release of the fertilizer fund through the Ginintuang Masaganang Ani (GMA) program in 2004.

The counter-affidavit was filed by Bolante’s lawyer Antonio Zulueta last Thursday, the deadline given by the anti-graft office. It was received yesterday morning by the panel investigating the cases.

Aside from Bolante, other former and current officials and employees of the Department of Agriculture (DA) also filed their respective counter-affidavits, all denying allegations that they took part in any anomaly in the project.

Former DA assistant secretary Ibarra Poliquit filed his own answer to the graft and malversation charges, while the other 13 DA officials and employees opted to file a joint affidavit: regional executive directors Dennis Araullo and Rodolfo Guieb; regional technical director for operation Balagtas Torres; chief accountant Marie Paz Jazmine Cabucol, accountant Juvylee Obice, and regional accountant Raymundo Braganza; inspection officer Abelardo Bragas; Bids and Awards Committee members Gregorio Sangalang, Felix Ramos and Ofelia Montilla; cashiers Grover Dino, Dory Iranzo and Lourdes Imperial.

Although included in the joint counter-affidavit, Cabucol, Torres and Sangalang did not sign the document.

The four elected officials named respondents in the initial “fertilizer scam” cases – Quezon City Rep. Nanette Castelo-Daza of the fourth district, Marinduque Rep. Carmencita Reyes, former Malabon-Navotas congressman Federico “Ricky” Sandoval II and former Batangas congressman and now Lipa City Mayor Oscar Gozos – have also filed their answer to the charges and denied involvement in any alleged anomaly.

All four admitted requesting and receiving farm implements in 2004 from the DA amounting to either P3 million or P5 million, but denied taking part in the procurements and payments of their respective requests.

Daza, for instance, claimed she was not even aware of the delivery of the shredding machines she had requested for the Payatas dumpsite, although she admitted signing an “acknowledgment receipt for the equipment.”

“Respondent has no participation whatsoever in the procurement process such as bidding, accreditation or identification of suppliers and award, and ultimate payment of the items requested,” she said in a seven-page counter-affidavit.

Reyes also admitted making a request with the DA for farm implements but stressed she did not sign any document other than her request letter.

On the other hand, the five private respondents – Fernando Gallarte, Linus Villanueva, Remus Villanueva, Phydias Bañez, Frederico Quevedo, incorporators of contractor LCV – did not file counter-affidavits and instead sought further a extension to submit their answer to the charges.

Assistant Ombudsman Jose de Jesus Jr., head of the office conducting preliminary investigation on the five initial complaints involving the controversial project, said Task Force Abono of their field investigation office was furnished with copies of the counter-affidavits filed by the respondents.

Bolante and other respondents were given until Nov. 10 to answer the charges against them. But they sought extension of the period for 10 more days, which was granted by the Ombudsman.

Under the rules of the Ombudsman office, respondents in criminal complaints undergoing preliminary investigation are asked to submit counter-affidavits and answer charges lodged against them.

Once the defense is filed, the complainants have the option to reply to the counter-affidavits of respondents before the investigating panel decides on whether hearings for clarification of issues are necessary or the case would be submitted for resolution.

The case stemmed from accusations of alleged anomalies in the distribution of government’s P728-million fertilizer fund through the GMA program before the national polls in 2004.

The opposition alleged that the camp of President Arroyo diverted the fertilizer funds to ensure her victory in the May 2004 presidential race.

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.

The project was also supposedly overpriced by at least P127 million and was managed by Bolante, a close associate of First Gentleman Mike Arroyo.

Bolante fled to the US in 2005 at the height of the fertilizer scam. But his asylum bid was denied twice, in a Chicago Immigration Court ruling dated Feb. 9, 2007 and a Board of Immigration Appeal decision dated June 25, 2007.

He returned to the Philippines last Oct. 28 after two years of detention in the United States.