MANILA, Philippines - The Sandiganbayan anti-graft court has junked the plunder case against former agriculture undersecretary Jocelyn “Jocjoc” Bolante in connection with the P723-million fertilizer fund scam in 2004.
In a 25-page resolution dated Nov. 28, the Sandiganbayan Special Second Division ruled to dismiss the case against Bolante and his seven co-accused as it found the amended case information as well as the additional evidence submitted by the Office of the Ombudsman insufficient to merit a full-blown trial.
“After a judicious review of the records, we find, as the
Justices who formerly composed the Second Division did, that there is no probable cause to hold the accused for trial for the crime of plunder,” the court’s ruling read.
The author of the ruling was not specified but it was collectively approved by Associate Justices Samuel Martires, Michael Frederick Musngi and Geraldine Faith Econg.
It was last August when the court allowed ombudsman prosecutors to amend the information of the case and to submit additional documentary evidence.
The Second Division, in its August 2014 ruling, found no probable cause against Bolante and the other respondents. The court said the prosecution failed to prove that Bolante and his co-accused misused or accumulated at least P50 million worth of public funds – the threshold amount for a crime to be considered as plunder.
But instead of dismissing the charges outright, the anti-graft court gave the ombudsman a chance to bolster the case.
In its amended charge sheet, the ombudsman made erstwhile accused Jose Barredo Jr. a state witness.
The prosecution argued Barredo’s testimony was “very relevant” as he had personal knowledge of the preparation and approval of the department memorandum that fast-tracked the implementation of the Department of Agriculture (DA) Farm Input and Farm Implement Program (FIFIP), the alleged anomalous project in 2004 that led to the commission of the scam.
In his affidavit sworn before the ombudsman in December 2014, Barredo said he used to be a “runner” who dealt with public officials involved in the scam. He also claimed having handed kickbacks to several officials.
In the new ruling, however, the Special Second Division said the amended charge sheet as well as the sworn affidavit of Barredo “still cannot support the indictment for plunder” as they could not prove conspiracy among the respondents, especially their accumulation of at least P50 million worth of public funds.
“We have taken a look at the 20-page judicial affidavit of Barredo and, contrary to the musings of the prosecution, we find nothing substantial therein that would change our view as to the lack of probable cause for plunder in this case,” the Sandiganbayan magistrates said in the ruling.
The court said all that Barredo was able to recount in his affidavit was the modus operandi in the scam and how the supposed “SOP” or commissions were distributed to local officials.
The court pointed out that none of the local officials mentioned in Barredo’s affidavit were even charged in the case as co-conspirators of Bolante or the other respondents.
“Neither is there even any mention that such ‘SOPs’ or commissions, after having been received by the local officials or DA officials, were collected by, or channeled back to, Bolante and/or the other accused in this case to complete the process of amassing, accumulating or acquiring ill-gotten wealth by any of the accused,” the ruling stated.
“Simply stated, it is not clearly shown from Barredo’s affidavit how Bolante, seen as the central figure in the fertilizer fund scam, had amassed, accumulated or acquired ill-gotten wealth of at least P50 million,” it added.
The ombudsman, in its amended charge sheet, alleged that Bolante, former agriculture secretary Luisito Lorenzo and former agriculture assistant secretary Ibarra Poliquit accumulated P265,642,930 worth of ill-gotten wealth out of the P723-million fund for the DA’s FIFIP, by approving the purchase of overpriced liquid fertilizers.
Other respondents in the case were private fertilizer suppliers Jaime Paule, Marilyn Araos, Joselito Flordeliza, Marites Aytona and Leonicia Marco-Llarena.
The P723-million fertilizer scam was allegedly orchestrated by Bolante to support the presidential campaign in 2004 of now Pampanga Rep. Gloria Macapagal-Arroyo.
In a chance interview with reporters on the sidelines of a MOA-signing in Mandaluyong City, Ombudsman Conchita Carpio-Morales said she has yet to see a copy of the ruling. She said they might elevate the case before the Supreme Court if the Sandiganbayan denies their motion for reconsideration.
“I have yet to see the decision... But at all events, if we can make a question of law out of it, or if we feel that there’s a grave abuse of discretion, if and when our motion for reconsideration should be denied, then we can raise it up to the Supreme Court,” Morales said.