MANILA, Philippines—Last February, the Senate blue ribbon committee chaired by Sen. Richard Gordon concluded its investigation into the alleged P728-million fertilizer fund scam and recommended the prosecution of its alleged perpetrator, former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, and nine others.
The Senate report recommended the filing of plunder, technical malversation, money laundering and perjury charges.
To a public attuned to the attention-grabbing Senate inquiries, that was the end of the case, so that the question often asked is: Why has Bolante not been charged yet or, for that matter, cleared?
The Gordon committee report also condemned Executive Branch officials and agencies for being remiss in their duties. It called for the resignation of Ombudsman Merceditas Gutierrez for her alleged inaction on the case.
And though it said it did not find any evidence directly linking President Gloria Macapagal-Arroyo to criminal wrongdoing, the committee held the President responsible for the acts of Bolante and the others implicated in the scam because they acted within the scope of the authority given to them by the agriculture secretary.
Opposition senators called Ms Arroyo’s absolution premature and urged the prosecution of Bolante and the others.
Senate had done its job
But, as Gordon summed it up in his committee’s 130-page report, the Senate had done its work, which is to investigate in aid of legislation. It was not a court nor yet a prosecuting body.
To do that job, there was the government’s prosecutory arm—the Department of Justice and the Office of the Ombudsman. The committee recommended that these two agencies either continue the investigation into the alleged scam or bring charges against those it recommended for prosecution.
Around the time the Gordon report was released, the Ombudsman had requested more time to study the case.
Last January, the Ombudsman panel that investigated the fertilizer fund scam said it had completed its inquiry and had submitted its proposed resolution for review to Ombudsman Gutierrez.
No report yet from DoJ
In December 2008, Justice Secretary Raul Gonzalez said he had formed a top-level panel to conduct a preliminary investigation of the perjury case against Bolante filed by the Senate for making allegedly false statements in the Senate inquiry.
As of this week, neither the justice department nor the Ombudsman has released a report of their investigation.
Parallel inquiry in House
The House committee on food and agriculture meanwhile is still finalizing its report on its own parallel inquiry into the scam. According to the most recent reports, the committee is poised to clear Bolante after a Commission on Audit report showed no irregularity on the part of Bolante in the disbursement of the funds in 2004.
But Palawan Rep. Abraham Mitra clarified last month that the committee, which he chairs, has not yet finalized any report on the fertilizer scam. He said the committee members have yet to vote on the committee report.
Bayan Muna party-list Rep. Teodoro Casińo commented that the inquiry was better left in the hands of the Senate as more than 100 congressmen allegedly benefited from the P724-million fund scandal.
To run for governor
Last March, Bolante announced plans to run for governor or congressman in his home province of Capiz where he is said to own a number of properties.
Gordon, who said he heard from reliable sources that Bolante would run for governor, noted that most of the fertilizer funds ended up in Capiz.
Bolante’s lawyer, Antonio Zulueta, chose not to comment when asked for updates on the fertilizer fund scam case involving his client.
Bolante was the agriculture undersecretary put in charge of the disposition in 2003 of the P728-million fertilizer funds that was required by law to be distributed to or spent for farmers.
After the President won the election in 2004, the opposition—in particular defeated presidential candidate Sen. Panfilo Lacson—claimed that the money had been distributed not for the benefit of the farmers but to promote Ms Arroyo’s candidacy.
Plunder case vs Arroyo
Lawyer Frank Chavez filed a plunder case against Ms Arroyo in connection with Lacson’s allegations. He named Bolante as one of those who signed the papers for the release and disposition of the funds.
The Senate called for an investigation, with Bolante, who had resigned from the agriculture department in September 2004, as the main witness.
However, just before the Senate committee on agriculture chaired by then Sen. Ramon Magsaysay Jr. opened its inquiry into the fertilizer fund controversy in October 2005, Bolante disappeared, having reportedly flown to the United States.
Arrested in US
On the request of the Senate, the US Embassy canceled Bolante’s visa and he was arrested and held in the US. His petition for asylum was rejected by the courts and he was deported back to the Philippines.
A team from the Senate’s Office of the Sergeant-at-Arms was at the Ninoy Aquino International Airport on Oct. 28, 2008 to arrest Bolante on his arrival but he was whisked away in an ambulance to the St. Luke’s Medical Center in Quezon City for a checkup and treatment for “mental and physical stress and ailments.”
Bolante finally appeared before the Senate on Nov. 13, 2008, this time before the Gordon committee. During the nine-hour hearing, he cleared Ms Arroyo, saying the “implementation of the P728-million farm input-farm implement program was approved by [the budget department] without the President’s approval.”
Beneficiaries denials
Several lawmakers listed in the Department of Budget and Management’s list of beneficiaries of the funds denied receiving any money.
Five days later, Bolante appeared before the House of Representatives and repeated the testimony he had given at the Senate.
Witnesses came forward in the succeeding Senate hearings and even more personalities, including local government officials, were mentioned and dragged into the scandal.
After conducting eight hearings, the Gordon committee on Feb. 23, 2009 ended its investigation and presented its report recommending the filing of plunder, technical malversation, money laundering and perjury charges against Bolante and nine others. Compiled by Eliza Victoria, Inquirer Research
