Ombudsman asks Sandigan to reverse decision on Jocjoc Bolante case

MANILA, Philippines — The Office of the Ombudsman on Tuesday filed a motion for reconsideration before anti-graft court Sandiganbayan appealing the dismissal of former Agriculture Undersecretary Jocelyn "Jocjoc" Bolante's plunder case.

The Sandiganbayan earlier cleared Bolante and seven others in connection with the P723 million fertilizer fund scam.

The Second Division of the Sandiganbayan dismissed the plunder case for lack of probable cause.

The Office of the Ombudsman stressed that probable cause exists for the issuance of arrest warrants against all of the accused in the fertilizer fund scam.

"The Honorable Court, in the assessment of this case cannot close its eyes to the glaring badges of fraud and irregularities committed in the release and utilization of multi-million fertilizer fund," the motion read.

The Office of the Ombudsman stressed that finding probable cause only needs to rest on evidence that a crime has been committed by the accused.

"To let the accused run scot free after all the accumulation of evidence and conduct of numerous deliberation will make an injustice to our nation," the motion read.

The Ombudsman insisted that the Sandiganbayan went beyond its authority in determining that the case lacked probable cause.

"Probable demands more than bare suspicion, but it requires less than evidence that would justify a conviction," the Office of the Ombudsman said.

Bolante had been pinned as the alleged mastermind of the fertilizer fund scam during the administration of former President Gloria Macapagal-Arroyo in 2004.

He was charged with plunder for allegedly pocketing P265.5 million public funds under the Farm Input Farm Implement Program.