CA affirms dismissal of ex-DA exec in fertilizer fund scam

The Court of Appeals has upheld an Office of the Ombudsman ruling dismissing a former assistant secretary of the Department of Agriculture for his involvement in the so-called P728-million fertilizer fund scam.

 

In a 20-page decision penned by Associate Justice Romeo Barza, the CA's Seventh Division said the Ombudsman did not commit grave abuse of discretion when it dismissed on March 8, 2011 former Agriculture Assistant Secretary for Field Operations Ibarra Poliquit for grave misconduct.

 

In his petition for review filed with the CA, Poliquit argued that no proof was presented to show he deliberately and intentionally violated the law when he recommended sub-allotment of the Farm Input/Farm Implement Fund (FIFIF) to DA regional field units (RFUs) not included on the list of supposed beneficiaries of the agency's Ginintuang Masaganang Ani (GMA) program.

 

He argued that he should not be blamed if some regional executive directors (REDs) were later found to have failed to fully account for the respective funds released them.

 

But the CA sided with the Ombudsman ruling.

 

"His acts were essential elements that paved the way for the approval of the request and release of funds in the said DA program, and eventually caused the regional executive directors into entering in MOAs (memorandum of agreements) even beyond their signing authority," the CA said.

 

"Clearly, having performed his official function with clear intent to violate the law or disregard established rules, the petitioner is liable for grave misconduct," the CA added.

 

Funding for the agricultural program was released by virtue of Republic Act 9206 or the General Appropriations Act of 2004. It was the Department of Budget and Management that released P728 million to the DA under Special Allotment Release Order (SARO).

 

The fund was supposed to have been released to 181 beneficiaries composed of congressional districts, provinces, and municipalities.

 

The fund, however, was allegedly diverted to the campaign kitty of former President Gloria Macapagal-Arroyo in the 2004 presidential polls instead of being distributed to the farmer beneficiaries.

 

According to the Commission on Audit, 76 of the 181 beneficiaries did not receive their shares of the fund, while at least 18 non-beneficiaries received funding.

 

The Ombudsman through Task Force Abono also discovered that the REDs violated a DA memorandum when they entered into a memorandum of agreement with local government units without the approval of the concerned assistant secretary (for P5 million and below) or the concerned undersecretary (between P5 and P10 million).

 

In Poliquit's same petition for review, he also claimed his constitutional right to speedy disposition of his case was violated when the Ombudsman came up with its decision in 2011 or more than two years since the case was submitted for resolution.

 

He cited Section 6 of the Rules of Procedure of the Office of the Ombudsman which provides that a decision should be handed down not later than 30 days after the case is declared submitted for resolution.

 

But in its ruling, the CA said the "complexity of the nature of the case" was an acceptable reason for the delay in the resolution of the case. 

 

"The petitioner herein likewise failed to assert his right to a speedy resolution of his case. Such right was only invoked after the Ombudsman issued the assailed decision and resolution finding him guilty of grave misconduct. His silence, therefore, is a waiver of his right," the CA added.

 

Apart from Poliquit, those originally dismissed by the Ombudsman in 2011 were several DA regional directors including Reinerio Belarmino Jr, Gumersindo Lasam, Ricardo Oblena, Leo Caneda, and Oscar Parawan.

 

Former Agriculture Undersecretary Jocelyn "Joc-joc" Bolante was among the main proponents in the supposed fund scam. 

 

Bolante and other Agriculture officials were slapped in July last year with plunder charges for the fund scam. –KG, GMA News