DOJ can act on criminal complaints vs Bolante, Gordon insists

Independent Senator Richard J. Gordon today insisted that the Department of Justice (DOJ) does not need to wait for the Senate to finish its probe into the P728-million fertilizer fund scam before it could act on the charges against former agriculture undersecretary Jocelyn Bolante.

Gordon, chairman of the Senate blue ribbon committee, pointed out that the charges for disobedience to summons and false testimony the panel filed before the DOJ last week are separate from the ongoing Senate investigation.

"Contrary to (Justice Secretary Roberto) Gonzales' pronouncement, the DOJ can act on them even while we are still conducting our investigation. These charges are distinct and separate, and it is the government's duty to act on it," he said.

Bolante, the alleged architect of the fertilizer fund scam, has been charged before the DOJ for violations of Articles 150 (disobedience to summons) and 183 (false testimony) of the Revised Penal Code.

Senate President Juan Ponce Enrile has earlier supported Gordon's contention, saying that the justice secretary erred in making the pronouncement as the inquiry conducted by the Senate panel is in aid of legislation.

Gordon stressed that the complaint they filed against Bolante stemmed from his contemptuous conduct as a witness while the Senate probe into the scam is to establish violations of the Government Procurement Act Law, among others.

He added the investigation is aimed at proposing new legislations to prevent a repeat of similar acts in the future.

Gordon also pointed out that the DOJ could act on the complaints since they are already complete in themselves, the panel having submitted proofs of Bolante's testimonies and other supporting documentary evidence.

Over the weekend, Gonzales said he would act on the complaints only after the Senate had stopped its investigation.

The Senate panel has scheduled another hearing on the fertilizer fund scam on Wednesday (Dec. 17).