MANILA, Philippines - Former agriculture secretary Luis Lorenzo Jr. and former undersecretary Jocelyn “Jocjoc” Bolante will not be allowed to move for the dismissal of the malversation and graft charges against them before the Office of the Ombudsman.
Lorenzo, Bolante and more than 20 other respondents must file their counter-affidavits, according to Aleu Amante, the anti-graft agency’s Preliminary Investigation and Administrative Adjudication Bureau acting director.
“No motion to dismiss or bill of particulars shall be entertained in the conduct of the preliminary investigation,” he said.
Amante warned them that failure to answer the charges shall be deemed a waiver to submit controverting evidence.
“Finding enough basis to proceed with the preliminary investigation of this case, the above-named respondents are hereby required to file their counter-affidavits to the attached copy of the complaint, together with the affidavits of their witnesses and other supporting documents, if any, within 10 days from receipt of this order,” he said.
In law, a motion for a bill of particulars pertains to a request by a defendant for more detailed information about the charges.
Amante ordered that after the preliminary investigation, the case shall be deemed submitted for resolution on the basis of the evidence presented by the parties, whose presence may be dispensed with, unless otherwise required for clarificatory questioning.
Last week, the anti-graft agency’s Field Investigation Office filed malversation of public funds charges against Lorenzo and Bolante before the Office of the Ombudsman’s Preliminary Investigation and Administrative Adjudication and Monitoring Office.
Along with a number of officials and employees of the Department of Agriculture, it also found sufficient basis to charge Bolante with multiple violations of the Anti-Graft and Corrupt Practices Act and falsification of public documents before the Sandiganbayan.
Lorenzo was charged with malversation of public funds for allegedly giving Bolante authority over some P728 million in funds for the Farm Inputs and Farm Implements Project that have been allegedly misused.
Bolante was sent copies of the complaint and the order to reply in four different Metro Manila addresses: Legaspi Village in Makati, Ayala Alabang Village in Muntinlupa, and Barangay BF Homes and Better Living Subdivision in Parañaque.