Lorenzo, Bolante face graft charges

MANILA, Philippines - The Office of the Ombudsman yesterday recommended the filing of graft charges against former Agriculture secretary Luis “Cito” Lorenzo and undersecretary Jocelyn “Jocjoc” Bolante over the P728-million fertilizer fund scam.

Lorenzo was added as a principal accused with Bolante in the supplemental complaint filed with the Ombudsman’s Preliminary Investigation and Administrative Adjudication and Monitoring Office (PAMO).

The Ombudsman said the recommendations and findings of the Field Investigation Office (FIO) should first undergo preliminary investigation under PAMO since Lorenzo has been added as a principal accused.

Lorenzo will be required to answer the charges during the preliminary investigation before the criminal complaint is filed with the Sandiganbayan.

The FIO, the panel that was tasked to investigate the fertilizer fund anomaly, said there is sufficient basis to subject Lorenzo and Bolante to preliminary investigation.

In its original probe, the FIO found no evidence linking former President Gloria Macapagal-Arroyo to the scam amid allegations that the fund was diverted to finance her presidential campaign in 2004.

Assistant Ombudsman Jose de Jesus Jr. said even the Senate Blue Ribbon committee that investigated Bolante on the anomaly had no evidence to link the former president to the scam.

Lorenzo and Bolante were accused of malversation of public funds for violating the Anti-Graft and Corrupt Practices Act (Republic Act 3019).

Bolante was further accused of falsification of public documents and grave misconduct, among other charges.

On the other hand, Lorenzo was accused of allegedly allowing Bolante to dispose of the funds.

Others accused include the regional directors of the Agriculture department who were supposedly taking orders from Bolante to favor certain fertilizer suppliers who were later included as private respondents.

Some lawmakers and local officials who were recipients of the funds were also included in the preliminary investigation. Among them is former Quezon City representative Nanette Castelo-Daza and former Malabon-Navotas representative Federico Sandoval II.

‘Why only now?’

Malacañang welcomed the move of the Ombudsman in the filing of charges against Lorenzo and Bolante.

There was doubt, however, over the timing. “We welcome the filing of charges, but we raise the concern, why only now?” presidential spokesman Edwin Lacierda asked.

Lacierda said President Aquino is skeptical of Ombudsman Merceditas Gutierrez because of her close ties with Jose Miguel Arroyo, the husband of the former president.

This is the reason why Mr. Aquino formed the independent Truth Commission and appointed former chief justice Hilario Davide to probe the anomalies in the Arroyo administration, Lacierda said.

Lacierda said the Aquino administration has respect for the Office of the Ombudsman being an independent constitutional body, “but we have doubts on its occupant.”

Lacierda said the President would leave it up to Congress to initiate impeachment proceedings against Gutierrez to consider, among other things, her close association with the Arroyos.

“They (Congress) will have to make the determination if that (impeachment complaint) is sufficient,” he said.

When asked for a categorical answer whether Mr. Aquino trusts Gutierrez, who served as Justice secretary and chief presidential legal counsel of Arroyo, Lacierda replied, “”We have already expressed skepticism towards her past alliances.”

Pressed further on the possibility that the Truth Commission might be rendered useless since its findings are merely recommendatory, Lacierda suggested that they are still giving the Ombudsman the benefit of the doubt.

“There we would see if Gutierrez is truly sincere in her mandate to go after those who may be found guilty after all the evidence is gathered. They (Ombudsman officials) should not be selective in their prosecution,” Lacierda said.

Lacierda clarified though that they are not prejudging Gutierrez, saying that they are simply watching over the developments.

With regard to the possibility of using Lorenzo as state witness, Lacierda said lawyers would properly determine if he was the least guilty.

“We still don’t know what his testimony will be, that’s why the President is interested to know. Until we have his testimony we won’t be able to make any judgment. This will be speculative,” he said.

Lorenzo recently returned to the country and had expressed willingness to cooperate in the investigation into the anomaly.

De Jesus also said the Ombudsman would have to look into the possibility of using Lorenzo as state witness.

He said the Ombudsman has the power to grant immunity to state witnesses, even to those who are not necessarily the least guilty.

On the other hand, Justice Secretary Leila de Lima said there is no guarantee that Lorenzo would be given immunity if he turns state witness.

“Immunity is not automatic. It’s not that easy. There is process in immunity,” De Lima explained.

University of the Philippines law professor Harry Roque said Lorenzo is qualified to be a state witness since he served as an “alter ego” of Arroyo as a Cabinet member.

Roque said Lorenzo is a vital witness because he already knew how the scam came about.

Roque believes Lorenzo was merely closing his eyes upon learning that the funds were being directed allegedly to finance the campaign war chest of his principal.

Anakpawis Rep. Rafael Mariano, however, said any move to make Lorenzo a state witness was “political accommodation.”

“Raising the possibility of turning Lorenzo as state witness on the fertilizer fund scam smacks of political accommodation, especially when it is coming from the President himself,” Mariano said.

Mariano pointed out that Lorenzo’s brother, Martin, had contributed P20 million to the Aquino election campaign.

Roque, for his part, said the public would be waiting to see what the P20-million campaign contribution could do in the case of Lorenzo.

“The public is watching whether P20 million can buy immunity, or despite the P20 million, he will fulfill his (Mr. Aquino’s) promise that there can be no reconciliation without justice,” Roque said.

‘Look at your conscience’

Former senator Ramon Magsaysay Jr., who led the Senate investigation into the fertilizer fund scam in 2006, expressed his disappointment on the delay in the filing of the charges against Lorenzo and Bolante.

Magsaysay noted the Ombudsman had created Task Force Abono to investigate the fund scam in response to the Senate committee report.

“It has been four and a half years and she (Ombudsman Gutierrez) has not made an initiative to put out such a report. A good prosecutor headed that (task force) and he has since retired. What happened to that report of Task Force Abono?” Magsaysay asked when interviewed on ANC.

Informed about the graft charges against Lorenzo and Bolante, Magsaysay said it was “watered down.”

Magsaysay said the Senate had recommended the filing of plunder charges against the principal players of the fund scandal.

He said the same recommendation was practically adopted by the succeeding committee that was chaired by former senator Richard Gordon in 2009.

Magsaysay hinted the Ombudsman might have considered the two separate Senate committee reports but somewhere along the way, the complaints were simply watered down.

“What I’m concerned about is there might be whitewash here just like the other scandals about public funds stolen. It may take a few more years and by that time, justice might be lost,” he said.

Magsaysay warned the Ombudsman of the adverse public perception she is creating for her office.

He said the sudden action on the part of the Ombudsman to file the cases now that a new administration has taken over, along with Lorenzo returning to the country, has made the fertilizer fund scam a hot issue again.

This makes it appear that there is no sincerity in the effort to study the complaints, he said.

“It’s time for the lady Ombudsman to look at her conscience and find out what she is there for,” Magsaysay said.

He said the public is becoming aware that her office sat on a lot of cases at the expense of taxpayers.

Sen. Francis Pangilinan said Gutierrez should resign over the delay in the filing of the charges.

“Why it took the Ombudsman more than four years to get here is extremely disturbing,” he said.

“The Ombudsman has failed to live up to the dictates of her office. She should resign,” he said.

De Jesus, on the other hand, said the delay in the probe was caused by the late submission of the Senate committee report. He said the report was forwarded to them only last March 2009.

“The Task Force found the Senate findings material to its own investigation, thus, the preliminary investigation on the initial complaint was suspended,” De Jesus said.

“Meanwhile, the Task Force conducted further verification, investigation and gathering of documents based on the Senate report on the alleged scam which resulted in the drafting of a supplemental complaint,” he said.

De Jesus said Task Force Abono is still conducting a nationwide fact-finding investigation to find out the other people that might have been involved in the scam.

De Jesus stressed the Ombudsman is not sleeping on the job as it is fulfilling its constitutional mandate of giving the respondents their right to due process. – With Edu Punay, Marvin Sy, Delon Porcalla, Paolo Romero, Rhodina Villanueva