Ombudsman orders plunder raps filed vs Bolante, Lorenzo

MANILA, Philippines -  Former agriculture secretary Luis “Cito” Lorenzo, undersecretary Jocelyn “Jocjoc” Bolante and several others will face plunder charges for the P728-million fertilizer fund scam.

The Office of the Ombudsman will also charge with plunder former assistant secretary Ibarra Poliquit and private respondents Jaime Paule, Marilyn Araos, Joselito Flordeliza, Marites Aytona, Jose Barredo, and Leonicia Marco-Llarena.

“This is a clear case of deceit and theft committed against the Filipino people by the officials whom they trusted,” read the resolution of the Office of the Ombudsman.

“Officials who were expected to help improve their lives and who swore to always be servants of the people.”

The resolution was approved by Overall Deputy Ombudsman Orlando Casimiro on behalf of Ombudsman Merceditas Gutierrez, who has inhibited herself from the case.

Her spokesman, Assistant Ombudsman Jose de Jesus, said this was out of delicadeza since the fertilizer case is one of the issues under the articles of impeachment filed against her before the Senate.

Technical malversation will be filed against former lawmakers Nanette Daza, Oscar Gozos, Federico Sandoval, Carmencita Reyes, and agriculture regional director Dennis Araullo.

Facing charges of malversation are agriculture regional directors Gumersindo Lasam, Cesar Rodriguez, Ricardo Oblena , Leo Caneda, Oscar Parawan, Roger Chio, Sumail Sekak, Eduardo Lecciones Jr. and Araullo.

They will also be charged with violation of the Anti-Graft and Corrupt Practices Act.

Daza and Reyes will also face graft charges.

“There exists probable cause to find the following named respondents guilty of the crimes charged. Consequently, let informations be filed against them,” read the resolution.

The Office of the Ombudsman dismissed for lack of evidence the charges against agriculture assistant secretary Belinda Gonzales, Emma Gonzales of the Department of Agriculture (DA), Catanduanes provincial accountant Sonia Villaluna, and private respondents Deonilla Misola-Gregorio, Redentor Antolin, Linus Villanueva, Phydias Banez, Fernando Gallarte, and Frederico Quevedo.

Based on the status of liquidation submitted by the DA, some P56.64 million of the P728 million in fertilizer funds transferred to the regional field units remain unaccounted for, according to the Office of the Ombudsman.

“This is proof of diversion, misappropriation, misuse, or malversation of public funds,” the anti-graft agency said.

Lorenzo “shares the same liability” with Bolante for the plunder offense, according to the Office of the Ombudsman.

The anti-graft agency said Lorenzo in March 2004 directed that all requests for assistance be subject to evaluation and approval of Bolante, and that he could deputize the regional directors to enter into memorandums of agreement.

“This delegation of plenary power and grant of absolute control of the funds to then Usec. Bolante negated review/check by the DA Secretary of transactions on the project, which amounted to approval or confirmation by the latter of all the overt and criminal acts of the former,” read the resolution.

“As DA Secretary, he (Lorenzo) should have been very cautious in delegating his power to assure that the same would be exercised in accordance with existing rules and regulations by his delegate; that the latter would not use such power delegated to him for his own personal benefit and to the detriment of government service, especially so that in this case, a vast amount of P728 million was involved.”

Concerning the agriculture regional directors, the Office of the Ombudsman said the P56.64 million could not be accounted for, and that “consent for others to misappropriate the fund can be presumed from them because of the flagrant violations of the proponents-beneficiaries of the law on procurement.

“Respondent DA-REDs caused undue injury to the government through gross inexcusable negligence in the exercise of their duties of disbursing the said funds. Moreover, the disappearance of public fund in the hands of an accountable officer is prima facie evidence of their conversion,” read the resolution.

As for the private respondents, the resolution said there was evidence to show they connived with the government officials in amassing the amount.

As for Daza, the Office of the Ombudsman said: “This Office further notes that some of the proponent’s districts, namely, respondent Daza and Sandoval, do not even have agricultural lands to speak of, and yet, they received allocations from the DA under the GMA (Ginintuang Masaganang Ani program).”

Tupas: Cover-up attempt

Iloilo Rep. Niel Tupas Jr. said the serial filing of fertilizer scam-related cases is an attempt by Gutierrez to cover up her alleged inaction on the irregularity.

“The Ombudsman wants to cover up her inaction by belatedly issuing a resolution on the fertilizer scam for her to use as her defense in the Senate trial,” he said.

“However, this even reaffirms the articles of impeachment filed by the House of Representatives against her for intentionally doing nothing about the case for six years.

“The violation for betrayal of public trust has already been committed and a very delayed cover-up cannot cure it.”

Tupas heads the House committee on justice and the 11-member team that will prosecute Gutierrez in her Senate trial.

Echoing Tupas’ views, Bayan Muna Rep. Teddy Casiño said the filing of cases “is obviously part of her (Ombudsman) defense strategy for the Senate impeachment trial.”

“Unfortunately for her, her long overdue acts will not cover for her gross and inexcusable inaction for the last five years. She’s too late the hero,” he said.

“Her acts only bolster the fact that she deliberately sat on the case and wouldn’t have acted if not for the impeachment. She has dug herself a deeper grave.”

On Wednesday, the Office of the Ombudsman filed charges against former Sorsogon Gov. Raul Lee and two others who allegedly defrauded the government of more than P100,000 in fertilizer funds.

At Malacañang, deputy presidential spokesperson Abigail Valte said: “It’s been six years since it was discovered. At this point, too little, too late.”

Communications Secretary Ricky Carandang said: “Seven years after the fact and six years after it came to light? Why did they wait so long?” – With Jess Diaz, Aurea Calica