Court denies gov’t appeal on dismissed Bolante case

Former Agriculture Undersecretary Jocelyn Joc-joc Bolante (INQUIRER FILE PHOTO)

MANILA — The Sandiganbayan has denied the government’s appeal on the dismissal of the P723-million plunder case against former Agriculture Undersecretary Jocelyn Bolante, junking the fertilizer fund scam case with finality.

In a strongly worded eight-page resolution, the court’s Second Division chided the prosecution for “ignorantly” questioning its jurisdiction to determine the lack of probable cause to put Bolante and eight others on trial.

“The prosecution must have overlooked the well-recognized power of judges to dismiss a criminal case when the evidence on record clearly fails to establish probable cause for the issuance of a warrant of arrest,” read the resolution penned by Justice Samuel R. Martires.

This was in response to the prosecution’s motion for reconsideration stating that the court went beyond its authority by throwing out the case on Nov. 28.

They argued that the court should have only determined if the accused officials should be ordered arrested, as the determination of the case’s sufficiency lied with the investigating prosecutors.

But, the court took exception to the claim that it practically interfered with the “executive determination of probable cause.”

Turning the tables, the court noted that the prosecution, by insisting on its own finding of probable cause, was “in effect, curbing the jurisdiction of this Court.”

“If the prosecution expects the Court to issue a warrant of arrest and, thus, not to dismiss the case because it (prosecution) had previously determined the existence of probable cause, then it is utterly mistaken,” the resolution read.

“As the prosecution is wont in reminding this Court not to intrude in the former’s executive functions, so must this Court do also to remind it (prosecution) to refrain from interfering with the court’s judicial functions,” it added.

Although the court reviewed the same records to arrive at its finding of lack of probable cause, it said this did not affirm, nullify or touch upon the validity of the Ombudsman’s ruling.

“What the prosecution fails to understand is that the Court neither prevented it (prosecution)

Sandiganbayan. INQUIRER FILE PHOT

performing its power of determining probable cause nor reviewed the exercise thereof,” read the resolution.

The court also said the prosecution raised no new arguments in the appeal to warrant the reversal of its earlier finding.

To recall, the court in November ruled that even as Bolante was accused of being the “central key player” in the 2004 scam, the prosecution could not show the “material participation” that could be attributed to him.

The court already determined the lack of probable cause as early as August 2014. Instead of dismissing the case outright, it gave prosecutors a chance to bolster the case by showing how the accused officials profited off the scheme and drop whistleblower Jose Barredo, Jr., in exchange for his testimony as the “runner” who delivered kickbacks.

Yet, Barredo’s testimony only detailed how the scheme worked and the officials who received the kickbacks, none of whom were accused in the plunder case.

Cleared alongside Bolante were: DA Secretary Luis Ramon Lorenzo, Jr., DA Assistant Secretary Ibarra Trinidad C. Poliquit, and private defendants Jaime Paule, Marilyn Araos, Joselito Flordeliza, Marites Aytona, and Leonicia Marco-Llarena.  SFM/rga