(Updated 7:07 p.m.) The Office of the Ombudsman on Friday finally recommended the filing of plunder charges against two former key officials of the Agriculture Department for their role in the P728-million fertilizer fund irregularities, nearly six years after they fled the country to avoid a Senate inquiry on the scam. Ordered charged for plunder were former Agriculture secretary Luis Lorenzo and former Agriculture undersecretary Jocelyn "Joc-Joc" Bolante, who both served under former President Gloria Macapagal-Arroyo. "There exists probable cause to find the following named respondents guilty of the crimes charged," the Ombudsman said in a 135-page recommendation. The scam involved the alleged diversion of a total of P728 million, which were allocated supposedly for fertilizer support to farmers, to the 2004 electoral campaign kitty of Mrs. Arroyo, who was then running for president, and candidates under her ticket. Lorenzo, who was originally not included in the complaint but was later added to it, was charged for "allegedly giving Bolante a free hand in the disposition of the funds," said Assistant Ombudsman Jose de Jesus Jr. "On the other hand, Bolante was charged for having prepared a list of proponents; however the farming zones where the funds should be allocated were not followed," he added. Apart from Lorenzo and Bolante, also ordered charged were nine others, mostly former Agriculture officials, for "conspiring with one another." They were: Ibarra Poliquit, Joselito Flordeliza , Jaime Eonzon Paule, Maritess Aytona, Jose Barredo, Leonica Marco-Llarena, and Marilyn Araos. Nine regional Agriculture officials were likewise recommended charged with malversation for violation of Article 217 of the Revised Penal Code; and violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. The nine regional officials were:
- Guimersindo Lasam,
- Cesar Rodriguez,
- Dennis Araullo,
- Ricardo Oblena,
- Leo Cañeda,
- Oscar Parawan,
- Roger Chio,
- Sumail Sekak, and
- Eduardo Lecciones.
When it was still in its investigation stages, the Ombudsman's Field Investigation Office (FIO) in July 2010 recommended the filing of charges of malversation of public funds and violation of RA 3019 against Bolante and Lorenzo. (See:
Lorenzo now included in fertilizer fund probe) Also charged with technical malversation and violation of the anti-graft law were former Representatives Nanette Daza (Quezon City), Federico Sandoval (Navotas), Oscar Gozos (Batangas), and Carmencita Reyes (Marinduque).
Lorenzo, Bolante deny wrongdoing Both Lorenzo and Bolante have repeatedly denied committing any anomalies in connection with the implementation of the fertilizer fund project. In August last year, the two former Agriculture officials submitted their counter-affidavits to the Office of the Ombudsman and moved for the dismissal of the complaints against them. Lorenzo said he entrusted to Bolante the disbursement of the funds for the Farm Inputs Farm Implements (FIFI) project, and therefore, he should not be held liable for any misuse of the money. “I categorically deny all these charges against me which have no legal and factual basis. Even based on the Senate Reports, it is undisputed that Usec. Bolante controlled the implementation of the FIFIP and disposition of the Funds. Since I did not control the Funds or disposed of the same, I could not have possibly misappropriated them," Lorenzo said in his 32-page counter-affidavit. He invoked Book IV, Chapter 2, Section 2 (7) of the Administrative Code stating that an Undersecretary may “exercise delegated authority on matters related to the functions and activities of the units under his responsibility to the extent granted by the Secretary." For his part, Bolante said the allegations against him were baseless and that no crime was committed in connection with the fertilizer funds. He denied any part in the overpricing of liquid fertilizer purchased from the funds. He said the purchasers and the traders are the ones who should be held criminally liable. “The findings that the fertilizers bought from Feshan are overpriced have nothing to do with respondent. The procurement of fertilizer as part of the FIFI Program is the responsibility of the Project Implementers and the traders themselves," Bolante’s affidavit said. The charges came two days after the Ombudsman on Wednesday filed graft charges against Sorsogon Provincial Governor Raul R. Lee, accountant Raul G. Hernandez and provincial treasurer Ofelia D. Velasco, also over their alleged involvement in the fertilizer fund scam. The charges stemmed from accusations that the three were responsible for the approval of the questionable purchase of 2,133 liters of Bio Nature Liquid Fertilizer from supplier Feshan Philippines Inc. in 2004, using allocations from the said fertilizer funds.
'Too late the hero' Bayan Muna party-list Rep. Teodoro Casiño said the recent recommendations by Ombudsman Merceditas Gutierrez that appeared to finally pin down those involved in the fertilizer fund scam—which was exposed as early as 2005—could be part of her "defense strategy" in her impending impeachment trial at the Senate starting on May 9. The fertilizer fund scam is one of the articles cited in the impeachment complaint approved by the House and submitted to the Senate for trial. Complainants in the impeachment cases criticized her for her alleged inaction in several high-profile cases in the past. "Unfortunately for her, her long overdue acts will not cover for her gross and inexcusable inaction for the last five years. She's too late the hero. Her acts only bolster the fact that she deliberately sat on the case and would not have acted if not for the impeachment. She has dug herself a deeper grave," Casiño said.
To the US and back Bolante and Lorenzo both "escaped" a Senate inquiry on the controversy after they both left the country in 2005. In July 2006, US Immigration officials apprehended Bolante in Los Angeles, California for having a canceled visa. Bolante applied for asylum but a US court denied his application in 2007 (affirmed in 2008 by the US Court of Appeals). He was later deported to the Philippines in October 2008 and placed by the Senate under hospital arrest. (See:
Jocelyn 'Joc-joc' Bolante timeline) In July 2010, Lorenzo also returned to the country and expressed willingness to spill the beans on the multi-million peso controversy. (See:
Magsaysay on fertilizer scam: Cito is ‘as culpable’ as Joc-joc) The Senate Blue Ribbon Committee chaired by then Sen. Richard Gordon had already investigated the controversy in 2005 and submitted a report on the case in February 2009.
—With Sophia M. Dedace/JV, GMA News 
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