A general surgeon has come out to deflate the credibility of the so-called “bagman” in the P728-million fertilizer fund mess.
Dr. Jose Oreta, of the St. Luke’s Medical Center (SLMC), said Jaime Paule owes him P460,000 since 1989 and that despite the case he has filed against him, the alleged missing link in the multimillion-peso fertilizer fund scam remains scot-free.
In an interview, Oreta told The STAR that the case he filed against Paule before the Quezon City Regional Trial Court in 1992 has stalled and was merely archived after Paule repeatedly evaded orders for him to appear in court.
“I have come out because I want to refute his claim that he is credible,” Oreta said. “I believe he is a powerful person because no more hearing (was) set after he was arrested and set free… I’m not even sure if he posted bail.”
“He only appeared before the court once, the first time… thereafter, he managed to evade appearing in court,” he also said.
Based on documents provided to The STAR, Paule borrowed from Oreta the sum of P400,000 sometime in August 1989. Without a written contract, Oreta said they verbally agreed that the money will be paid, with five percent interest per month, until Jan. 9, 1990.
According to Oreta, upon receipt of the loan in cash, Paule issued to him at his clinic at SLMC in Quezon City four checks, covering the full amount of the loan and the corresponding interest.
The Urban Bank checks consisted of three checks of P20,000 each, and a check worth P400,000, from Oct. 9, 1989 to Jan. 9, 1990.
However, Oreta said that when the checks were deposited, all bounced for the same reason – “Account Closed.”
This prompted him to immediately seek legal remedy, filing a case against Paule for violation of Batas Pambansa 22, otherwise known as the Bouncing Check Law.
In March 1992, the Quezon City Prosecutor’s Office said it found prima facie evidence against Paule and recommended the filing of the charge against him. Assistant City Prosecutor Amalia Dy recommended a bail of P1,000 for each count.
“He was introduced to me by a businesswoman. And based on trust, I lent him the money,” Oreta recalled.
“I know I have spent so much for this case already; in fact, more than what he owed me, but still I really want him to pay up,” he also said.
As of Sept. 23, 2007, Oreta said that his case against Paule was archived after the Quezon City RTC Branch 98 submitted the case for resolution, as the defense asked the court to remand the case to the Metropolitan Trial Court in June 2006.
Oreta said the order of Quezon City MTC Branch 37 to archive the case noted that Paule “is still at large notwithstanding the lapse of six months since the order of arrest was issued” against him.
Oreta also stressed that the archiving of the case is “without prejudice to reactivation upon the apprehension of the accused.”
But with Paule surfacing and appearing at the Senate investigation on the P728-million fertilizer fund mess, Oreta wondered why Paule remains “not arrested” in connection with the case he filed against him.
Witnesses tagged Paule in their testimonies during the Senate investigation on the P728-million fertilizer fund scandal as the one behind the “fixing” of deals with the Department of Agriculture (DA).
Senators ordered the arrest of Paule after he repeatedly “snubbed” the Senate hearing on the alleged anomaly in the agriculture agency.
When he finally appeared at the Senate before Christmas, Paule denied any involvement in the controversy. Paule likewise denied knowing former DA undersecretary Jocelyn “Jocjoc” Bolante, the purported architect of the multi-million peso fertilizer fund scam.
Meantime, Bolante may now have the chance to take control of the bank accounts ordered frozen by the Court of Appeals.
This, after the appellate court did not extend the freeze order on the accounts after it had lapsed last Dec. 20.
The freeze order on the web of 32 bank accounts and other monetary instruments linked to Bolante was issued by the CA on the request of the Anti-Money Laundering Council (AMLC), as these were linked to the fertilizer scam. – With Mike Frialde