Belated raps vs agri officials won't get Merci off the hook

The "late" filing of charges against two former Department of Agriculture officials linked to the P728-million fertilizer fund scam may not be enough to convince senator-judges to get impeached Ombudsman Merceditas Gutierrez off the hook. Sen. Miriam Santiago said the filing of plunder charges against former DA Secretary Luis Lorenzo and former Undersecretary Jocelyn Bolante cannot be considered a defense, while Senate President Juan Ponce Enrile said it only raises more questions. “Hindi (iyan) dahilan para ipabalewala o drop ang kaso... It is not a defense," Santiago said in an interview on dzBB radio. Meanwhile, Senate President Juan Ponce Enrile said the timing of the charges against Lorenzo and Bolante “will generate a lot of questions." But when asked if the late filing of the charges will diminish the case against Gutierrez, Enrile said, “Hindi naman [It will not]." “Maraming questions ang lalabas diyan sa pangyayaring yan [With this development there will be many questions that will come out]," he said. Last Friday, the Ombudsman ordered the filing of charges against Bolante and Lorenzo for the fertilizer fund mess where funds were supposedly channeled to the 2004 campaign kitty of former President Gloria Macapagal Arroyo. Senators will sit as judges in Gutierrez’s impeachment trial starting May 9. The fertilizer fund mess is one of the articles to be tackled in the trial. Earlier this year, the House of Representatives impeached Gutierrez on the basis of complaints she sat on high-profile graft cases, especially those involving then President Arroyo. While Santiago declined to say if she considered the timing of the filing of charges against Lorenzo and Bolante a coincidence, she said it will “have no effect on the impeachment trial." “At the time Gutierrez was charged in the impeachment complaint, she had not resolved the case against Lorenzo and Bolante," she said. Mockery Santiago said it will be hard to prove whether the late filing of charges meant to make a mockery of the impending impeachment trial at the Senate. “It’s very hard to prove ill will or bad motive, judgmental...it's being judgmental," she said. “The filing of the charges at this time will not affect the impeachment complaint. It’s already on record that it took her office a long time to resolve the case," she said. When asked if the filing may even be used against Gutierrez, she said it is possible. According to Santiago, the late filing of charges may even be a point against the Ombudsman in the sense that Gutierrez had acted on the case only when threatened. Bolante, Lorenzo can apply as state witnesses Meanwhile, Santiago said it is still possible for Bolante and Lorenzo to become state witnesses. “You can do that. It can still be done because you (may apply) to be a state witness not necessarily with fiscal which is the Ombudsman in this case, but with the judge. So they can apply for state witness with the Sandiganbayan," she said. But she declined to comment on whether former President Gloria Arroyo may be charged as a result of the impeachment proceedings. Arroyo now sits as a Pampanga Representative. Santiago said it is now up to the House of Representatives to decide that, since senators will only be sitting as judges. “Kung unti-unti may lilitaw na ebidensya laban kay dating Pangulong Arroyo, hindi and mga senador ang magdesisyon, impeachment judges kami. Ang House of Representatives gagawa nyan dahil sila ang fiscal. Mag-usap-usap sila kung kailangan mademanda rin sa House of Representatives at magproseso ng panibagong kaso, this time, laban kay former President Arroyo," she said. For its part, Malacañang said it will leave to Lorenzo and Bolante whether to tell all about the fertilizer fund mess. “It is up to the two to decide what they want to do at this time," deputy presidential spokesperson Abigail Valte said on government-run dzRB radio. — LBG/MRT/VS, GMA News