Sandiganbayan affirms dismissal of Joc-Joc Bolante plunder case

The Sandiganbayan has affirmed its decision dismissing the plunder charge against former Department of Agriculture Undersecretary Jocelyn “Joc-joc” Bolante in connection with the P723-million fertilizer fund scam.

In an 8-page resolution on February 6, released to the media on Tuesday night, the anti-graft court’s Second Division dismissed the Office of the Ombudsman's motion to reverse the dismissal of Bolante’s case, saying it “ignorantly” accused the court of “going beyond its authority to determine probable cause for the purpose of the issuance of warrants of arrest.”

“Precisely, what the Court had accomplished… was to discharge its duty of ascertaining whether facts and circumstances exist as to lead a reasonably prudent mind to believe that an offense was committed by the person sought to be arrested,” the resolution read.

“The prosecution must have overlooked the well-recognized power of judges to dismiss a criminal case when the evidence on record clearly fails to establish probable cause for the issuance of a warrant of arrest,” it added.

Last December, the Sandiganbayan dismissed the plunder case against Bolante and his co-accused due to the prosecution's failure to provide evidence to prove that he committed such crime.

A portion of the court’s ruling read: “After a judicious review of the records, we find as the Justices who formerly composed the Second Division did, that there is no probable cause to hold the accused for trial for the crime of plunder.”

Also cleared were former Agriculture secretary Luis “Cito” Lorenzo, former assistant secretary Ibarra Trinidad C. Poliquit, and private defendants Jaime Paule, Marilyn Araos, Joselito Flordeliza, Marites Aytona, Jose Barredo and Leonicia Marco-Llarena, the suppliers of the allegedly diluted and overpriced liquid fertilizer.

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

The Ombudsman had cleared Arroyo from the graft charges in connection with the scam.

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

The case information cited that Bolante, 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.” —ALG, GMA News