Senate recommends plunder & other charges vs Bolante et al.

The Senate blue ribbon committee today recommended the filing of plunder charges, among others, against personalities, led by former Department of Agriculture (DA) undersecretary Jocelyn Bolante, implicated in the P728-million fertilizer fund scam.

Independent Senator Richard J. Gordon, committee chairman, made the recommendation in the 130-page committee report as a result of the eight hearings his committee has conducted from Nov. 13, 2008 to Jan. 26, 2009.

"We will not accept scandalous behavior in government and on society. We will, instead, raise the standard of duty and accountability in our country. The blue ribbon committee will not hesitate to exercise political will in investigating and exposing malfeasance, misfeasance and nonfeasance," Gordon said.

"The public, for a long time, has demanded closure to this issue. We have done our part. Now, let the prosecution arm of government do theirs," he added.

Aside from Bolante, those recommended to be charged for plunder are former DA assistant secretary Ibarra Poliquit, Leonicia Llarena, Feshan Philippines president Julie Gregorio, Feshan Phils. vice president Redentor Antolin, Marilyn Araos, Marites Aytona, Jaime Paule, and DA undersecretary Belinda Gonzales.

Based on pieces of evidence obtained, they have committed plunder since they personally took part in the execution of the act of acquiring ill-gotten wealth through a combination or series of overt or criminal acts in the total value of at least P50-million..

"The totality of what we have seen, heard, read and ferreted out in the committee's inquiry provides us not just details of specific wrongs and mistakes committed by certain persons in the fertilizer fund mess," Gordon said.

"The bigger picture shows us the distressing spectacle of veritable wolf packs preying with impunity on government projects. A host of individuals endeavor to gain at all costs: through lying, cheating, killing, and stealing," he added.

The committee also saw that technical malversation, an act when any public officer applies public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance, was committed by Bolante, Poliquit and Gonzales.

There appears to be technical malversation because the Special Allotment Release Order for the project required the purchase of farm inputs. However, the money allotted for the farm inputs were used to buy shredders that are categorized as farm implements.

For money laundering, those recommended to be charged, are Bolante, Llarena, Gregorio, Antolin, Araos, Aytona, Paule and Joselito Flordeliza, president of National Organization for Agricultural Enhancement and Productivity, Inc. (Foundation), which was chosen to be an implementor of the project.

Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.

The report also stated that Llarena, Gregorio and Aytona be charged for disobedience to summons issued by the national assembly, since they have failed to appear at some of the hearings despite due notices and receipt of subpoenas.

Tax evasion charges against Gregorio and Aytona are also recommended because the Feshan executive did not pay the proper taxes for the fertilizer transactions. Instead, she availed herself of tax amnesty and paid only P500,000 when what appeared in her books is the amount of more than P105-million.

Gregorio's acts, with the assistance of Aytona, in manipulating or cooking the books paved the way for their applying- successfully- for a tax amnesty and availing themselves of the benefits of such.

Finally, the report recommends filing of false testimony and/or perjury charges against Bolante, Llarena, Aytona and Paule for statements that have been opposed by other witnesses and affidavits contradicted by their own or others' testimonies..

Gordon said the charges enumerated in the committee report are recommendations of the committee based on pieces of evidence they have gathered. The filing of appropriate charges and further investigation should be the task of the police, the Office of the Ombudsman and the Department of Justice.