Joc-Joc Bolante’s plunder case still alive

The Sandiganbayan has granted the motion of the Office of the Ombudsman to amend the plunder case against former Agriculture undersecretary Jocelyn “Joc-Joc” Bolante in connection with the P723-million fertilizer fund scam.

In a nine-page resolution promulgated on July 21, a copy of which was released to the media on Thursday, the court's Second Division allowed the Ombudsman to drop one of the accused in the case to make him a state witness.

“This Court recognizes that the right to determine who to prosecute is essentially an executive function, and not a judicial one. We therefore grant leave to the prosecution to amend the Information, and admit the AMENDED INFORMATION, excluding Jose B. Barredo Jr. as one of the accused,” the court’s ruling read.

“In view of this amendment, any determination of probable cause will have to be based on the said Amended Information,” it added.

The ruling was penned by Associate Justice Napoleon Inoturan and was concurred in by Associate Justices Teresita Diaz-Baldos and Alexander Gesmundo.

In August 2014, the court issued a ruling saying that the prosecution failed to present sufficient evidence to show there was probable cause to indict Bolante of  the crime of plunder.

The Second Division said the prosecution could not present evidence that Bolante misused or accumulated at least P50 million worth of public fund – the threshold amount for a crime to be considered as plunder.

But instead of outrightly dismissing the case, the Second Division ordered the Office of the Ombudsman to submit additional evidence to boost the case.

In compliance with the ruling, the Ombudsman, through it prosecutorial arm Office of the Special Prosecutor, submitted in March 2015 an mended case information, dropping Barredo from the list of respondents in the case.

The OSP had earlier told the court through its motion to amend case information that Barredo’s testimony would be “very relevant” in the prosecution of the case.

In his affidavit sworn before the Ombudsman in December 2014, Barredo said he used to be the  “runner” in dealing with various officials allegedly involved in the fertilizer scam

Barredo claimed of having the knowledge in the preparation and approval of the department memorandum that fast-tracked the implementation of the DA Farm Input and Farm Implement Program (FIFIP), the alleged anomalous project that led to the commission of the scam.

Barredo also claimed of delivering kickbacks to various officials involved in the scam.

The P723-million fertilizer scam, allegedly orchestrated by Bolante and several other DA officials, refers to the alleged siphoning of government funds for the 2004 presidential campaign of Gloria Macapagal-Arroyo.

The Ombudsman, however, had earlier cleared Arroyo of the charges in connection with the scam.

Based on the amended case information sheet, Bolante and seven of his co-accused amassed or accumulated P265,642,930 worth of ill-gotten wealth out of the P723-million fund for the DA’s FIFIP.

The case information alleges that Bolante, then DA Secretary Luis 'Cito' Lorenzo and six others were responsible for the approval of the purchase of 2,133 liters of Bio Nature Liquid Fertilizer from supplier Feshan Philippines Inc. in 2004.

The Ombudsman said that Bolante and the other respondents made it appear that the fertilizers were purchased at P1,500 per bottle/liter despite the “accused knowing fully well that the actual price paid to the supplier was only P150 per bottle/liter.”

The Second Division said it will now decided on whether there is probable cause to proceed with the trial of the case based on the amended case information. —KBK, GMA News