Dismissal of agri exec affirmed
MANILA, Philippines—The Court of Appeals has affirmed an Office of the Ombudsman decision to dismiss for grave misconduct Assistant Secretary Ibarra Poliquit of the Department of Agriculture (DA) in connection with the alleged misuse of the P728-million fertilizer fund during the previous Arroyo administration.
In a ruling penned by Associate Justice Romeo Barza, the 7th Division denied Poliquit’s petition for review and temporary restraining order/preliminary injunction of the Ombudsman’s March 18, 2011, order dismissing him from the service, as well as the Ombudsman’s June 16, 2011, order denying his motion for reconsideration.
Poliquit was one of the officials charged in the so-called fertilizer fund scam in which funds earmarked for the purchase of farm implements were allegedly diverted to help the presidential campaign of then President Gloria Macapagal-Arroyo in 2004.
The Ombudsman found Poliquit guilty of grave misconduct because he was the one, along with Agriculture Undersecretary Jocelyn Bolante, who identified the beneficiaries and allocations of the program for the purchase of farm inputs and implements.
The Commission on Audit (CoA) found that at least 76 proponents named on the list of beneficiaries were not given allocations while 18 that were not on the list were given allocations.
To implement the program, Bolante had directed the DA regional executive directors to enter into memorandums of agreement (MOAs) with local governments and nongovernment organizations.
The CoA found that the execution of the MOAs with local government units violated the guidelines on the signing authority and also allegedly resulted in the misuse and misappropriation of the funds.
According to the appellate court, despite Poliquit’s claim that he had no hand in modifying the initial list of proponents and their allocations, his “recommendatory acts, which are requests to Undersecretary Bolante, facilitated the release of the funds to the RFUs (regional field units).”
“His acts were essential elements that paved the way for the approval of the request and release of funds in the DA program and eventually caused the regional executive directors into entering into MOAs even beyond their signing capacity,” the court said.
The court agreed with the Ombudsman who gave credence to DA regional director Reinerio Bermio’s testimony that Poliquit had instructed him to release the funds requested by Ilocos Sur Representative Eric Singson for his district even when documentation had not yet been completed.
“Clearly, having performed his official function with clear intent to violate the law or disregard established rules, the petitioner is liable for grave misconduct,” the appellate court said.
