'Fertilizer scam an ordinary case'

MANILA, Philippines – Despite the public frenzy, the P728-million fertilizer fund scam involving former agriculture undersecretary Jocelyn “Jocjoc” Bolante is just like any ordinary criminal case, according to Assistant Ombudsman Jose de Jesus.

He stressed the Ombudsman would just focus on the criminal aspect of the case, notwithstanding its political implications. He said the same is true of the botched $329-million national broadband network (NBN) deal with Chinese firm ZTE Corp.

“This case (fertilizer fund scam) will not be treated differently from other cases, including the NBN-ZTE case,” De Jesus said, adding the investigating panel would not go into the political aspect of the case but would merely look into the evidence on hand.

“All complaints filed before our office are given same treatment – no matter how small some of these case are (in terms of media hype and impact). We just look at the facts, evidence, laws and jurisprudence of the Supreme Court. Personality is always beside the point,” he said.

In four of the seven complaints related to the NBN-ZTE scandal, First Gentleman Mike Arroyo is among those charged for graft in allegedly coercing businessman Jose de Venecia III into withdrawing his offer to undertake the NBN project and for intervening directly or indirectly in a business contract with the government.

Most of the NBN-related complaints were filed last year. After consolidating all seven complaints and conducting public hearings attended by Mr. Arroyo and key witnesses in the bribery scandal, the Ombudsman said it would resolve the case before yearend.

The preliminary investigation of the fertilizer fund scam, on the other hand, has just started with the deportation of Bolante, even though the case was filed two years ago.

The investigation on this case would be completed before the end of January next year after Ombudsman Merceditas Gutierrez gave the panel 90 days to complete their probe.

The Senate earlier recommended the filing of charges against Bolante over the scam.

Bolante fled to the US two years ago to avoid the Senate investigation into the scam, but US authorities denied his request for asylum and deported him.

Bolante was arrested by US authorities when he arrived in Los Angeles in 2006 after his visa was cancelled at the request of the Senate. The former agriculture official spent most of his two years’ detention in Wisconsin.

Bolante, tagged as the “architect” of the fertilizer scam, was among those charged for graft before the Ombudsman. He was accused of diverting P728 million in fertilizer funds to finance President Arroyo’s 2004 election campaign.

In a statement distributed to media by his lawyer shortly after his arrival from the US last Tuesday night, the haggard-looking Bolante said he was now ready to testify “at the proper forum.”

Bolante was served the Senate arrest warrant upon arrival and was scheduled to be transferred to a Senate holding room but was taken instead to St. Luke’s Medical Center after complaining of chest pains.

Several senators, meanwhile, called on Senate President Manuel Villar Jr. to call a caucus and immediately set a hearing to force Bolante to appear and testify on the fertilizer fund scam.

Sen. Panfilo Lacson scored Villar for dragging his feet over the issue.

“I don’t know if he’s (Villar) waiting for a signal from above. What are we waiting for?” Lacson asked.

Senate Minority Leader Aquilino Pimentel Jr. and Sen. Francis Escudero also urged the Senate leadership to decide on what to do with Bolante.

Sen. Loren Legarda also said the Senate must not delay the probe.

But Sen. Edgardo Angara, chairman of the Senate committee on agriculture, said the Senate will have to wait for the decision of the Supreme Court on the petition filed by the former agriculture executive before it can re-open its inquiry.

Bolante had asked the Supreme Court to quash the Senate’s arrest warrant, but the high court, which is in recess until next week, did not act on his petition.

Angara pointed out the question of power and jurisdiction on Bolante has to be resolved.

Angara urged the Supreme Court to act on Bolante’s petition and decide on the forum question.

Angara also pointed out the Senate, in its committee report in 2005, already recommended the filing of charges against Bolante before the Ombudsman.

That is why Bolante should be placed under the jurisdiction of the Ombudsman, Angara said. 

“The demands of justice, truth, are that Bolante should appear before the Senate, before the Ombudsman. Personally, I think that he (should) appear before the Ombdusman for several reasons,” he said.

“I think the Ombudsman is the preferable venue, so that we can ferret out the truth.” –With Aurea Calica, Christina Mendez