Solon warns of Merci’s booby trap
IN the mind of Bayan Muna Rep. Neri Colmenares, Ombudsman Merceditas Gutierrez is laying a booby trap with a belated decision to file plunder charges against former Agriculture Secretary Luis "Cito" Lorenzo Jr. and his undersecretary Jocelyn "Joc Joc" Bolante over the P728 million fertilizer fund scam.
Colmenares, a member of the 11-man prosecution panel in the pending impeachment case at the Senate against Gutierrez, said because a dismissal of the charges by the Sandiganbayan on the ground of inaction would insulate now Pampanga Rep. Gloria Arroyo from criminal prosecution.
The congressman said the filing of the criminal charges after nearly seven years of "investigation" by the Office of the Ombudsman will surely end up with the acquittal of the accused through the filing of a motion to quash the information for violation of rights to due process.
He cited Tatad vs. Sandiganbayan in which the Supreme Court dismissed cases filed against then Sen. Francisco Tatad on the ground that it took the Ombudsman about five years to file the criminal complaint.
Colmenares quoted the SC decision: "We are constrained to hold that the inordinate delay in terminating the preliminary investigation and filing the information in the instant case is violative of the constitutionally guaranteed right of the petitioner to due process and to a speedy disposition of the cases against him."
He said the fact that Bolante was considered the "mastermind" of the fertilizer scam "practically makes it almost impossible for former President Arroyo to be prosecuted for the same."
"Notwithstanding the fact that a lowly undersecretary could not have controlled nearly P800 million of public funds and command the agriculture secretary, DA regional directors and even other agencies such as the DBM without support from a higher authority, the Ombudsman purposely and unnecessarily, made Bolante the mastermind," Colmenares said.
He said the new Ombudsman who will be appointed by President Aquino after Gutierrez is convicted in the Senate will also face a tough legal battle in amending the criminal information to include Arroyo.
Colmenares said the filing is intended to limit the impeachment trial on the issue of "whether Gutierrez acted promptly rather than whether she sat on the cases through her inaction."
"It is designed to lull senators (who will act as judges in the impeachment court) into thinking that the filing of cases will cure her betrayal of public trust," he said.
Colmenares said such move will surely backfire.
"The Senators and the public will not easily, and stupidly, fall for this trap. On the contrary, the belated filing of cases will strengthen the impeachment complaint against her," he said.
Deputy presidential spokesperson Abigail Valte said it is premature to discuss the possibility of turning Lorenzo and Bolante into state witnesses, saying the two have yet to speak about the P728-million fertilizer scam.
She added that it would be up to the best judgment of the Lorenzo and Bolante on how they would go about answering the plunder charges.
Also charged before the Sandiganbayan with plunder were former Agriculture assistant secretary Ibarra Poliquit, and private respondents Jaime Eonzon Paule, Marilyn Araos, Joselito Flordeliza, Marites Aytona, Jose Barredo and Leonicia Marco-Llarena.
The Ombudsman also recommended the filing of one count each of malversation and violation of the anti-graft law charges against Regional Executive Directors Gumersindo D. Lasam of Tuguegarao City; Cesar Rodriguez of San Fernando City; Ricardo Oblena of Cebu City, Leo Cañeda, Oscar Parawan, Roger Chio, Sumail Sekak, Eduardo Leccsiones Jr., and Dennis Araullo of the DA Central Office who also faces a case for malversation, technical malversation and slapped with five counts of violation of the anti-graft law.
Also charged with one count of technical malversation and violation of the anti-graft law each were Representatives Nanette Daza (Quezon City, Federico Sandoval (Navotas) and Oscar Gozos (Batangas) and former Governors Carmencita Reyes (Marinduque) while Leonardo Verceles, Jr. (Catanduanes) is facing one count of violation of the anti-graft law.
The Ombudsman also filed a similar case for technical malversation and violation of the anti-graft law against 19 other Department of Agriculture officers and several private individuals before the Sandiganbayan. – With Jocelyn Montemayor
