MANILA, Philippines?President Gloria Macapagal-Arroyo should be made to answer allegations of her involvement in the P728-million fertilizer fund scam, according to the lawyer who lodged the original suit at the Office of the Ombudsman in 2004.

Frank Chavez, a former solicitor general, on Tuesday issued the reminder that he had included Ms Arroyo in the suit. ?While she may be immune from suit, she is not immune from an investigation on her involvement in the controversy,? he told the Philippine Daily Inquirer, parent company of INQUIRER.net.

Chavez also said that if the Office of the Ombudsman wanted to show its independence from Malacañang, Arroyo ?must be required to submit a counteraffidavit ... to answer the charges.?

?It seems the Ombudsman is being selective in its responsibility to require all respondents to submit their counteraffidavits,? he said.

Chavez filed charges of plunder, malversation of public funds, violation of the Constitution and election laws against the President, then Agriculture Undersecretary Jocelyn ?Joc-joc? Bolante and other officials of the Department of Agriculture on May 26, 2004, for P728 million, and on June 8, 2004, for P1.1 billion.

On Oct. 8, 2007, Chavez filed a petition to compel the Office of the Ombudsman to act on the cases. In June and Oct. 24, 2008, he filed another petition seeking an early decision on the cases.

The Ombudsman is preparing to send orders to certain congressmen and local officials to explain why they should not be charged with graft.

It has sent such an order to Bolante, who was deported to Manila from the United States on Oct. 28.

Also according to Chavez, the Ombudsman is required to furnish him copies of counteraffidavits submitted by the respondents because he is the complainant.

?[It] is a requirement of due process. Any lawyer knows that. But they have been excluding me,? he said, adding that he had yet to be furnished a single case-related document by the Ombudsman.

Chavez likewise said the Ombudsman was ?under sedation? with regard to the fertilizer fund scam.

?The cases are in the ICU (intensive care unit) and are waiting for the Ombudsman to wake up from sedation. Ombudsman Merceditas Gutierrez has mastered the difficult act of doing nothing. Now, she ignores pressure from the public and has to show some token movement,? he said.

Assistant Ombudsman Jose de Jesus said last week the inquiry into the fund scam may be wrapped up in January.