Fertilizer scam case filing 'too little, too late'

Friday, April 15, 2011

IT TOOK three years for the Office of the Ombudsman to submit its own resolution at the Sandiganbayan, the Philippines' anti-graft court, which recommended the filing of graft charges against those accused in the Fertilizer Fund scam.

As a result, complainants of the impeachment case against Ombudsman Merceditas Gutierrez said the filing comes "too little, too late."

This was after the Ombudsman last April 7 filed charges against incumbent Sorsogon Provincial Governor Raul Lee, accountant Raul Hernandez and provincial treasurer Ofelia Velasco for violation of the Anti-Graft and Corrupt Practices Act.

The resolution dated November 24, 2008 recommending charges to be filed at the Sandiganbayan was approved by Overall Deputy Ombudsman Orlando Casimiro on March 29, 2011. The said resolution was released to reporters only last Wednesday.

"It boggles the mind how a resolution that was submitted to the Ombudsman in November 2008 was only approved by the same office on March 2011," Bagong Alyansang Makabayan Secretary General Renato Reyes, one of the complainants against Gutierrez, said.

"This belated filing of graft charges against local officials further strengthens our allegations in the impeachment case versus Ombudsman Merceditas Gutierrez," he added. "We can truly say that there was inaction and refusal to file cases against the principal suspects in the fertilizer fund scam. We can see how the Ombudsman has protected high officials, including Gloria Macapagal-Arroyo."

The Fertilizer Fund Scam is the first case contained in the articles of impeachment against Gutierrez. The Senate impeachment trial is set on May 9.

Bayan Muna Representative Neri Colmenares, who will soon be elected as part of the House prosecution panel, said the Ombudsman has enough funds and personnel to investigate and prosecute those implicated in the Fertilizer Fund scam.

"The Ombudsman had the means, people and resources to pursue the case of the fertilizer fund scam in the most expeditious way possible but it did not happen," the party-list lawmaker said.

According to the General Appropriations Act from 2003-2011, the Budget of Expenditure and Sources of Funds from 2003-2009 and the General Staffing Summary from 2003-2011, the staffing of the Office of the Ombudsman increased from a small 987 to 2,175 personnel in 2010, the lawmaker noted.

Colmenares added that former President Arroyo increased the budget of Ombudsman Gutierrez's office from P650 million in 2005 to P1.79 billion in 2009.

Meanwhile, the head of the House prosecution team, Iloilo Representative Niel Tupas Jr., has disclosed the respective assignments tasked to the would-be members of the panel.

Tupas, along with Ilocos Norte Representative Rodolfo Farinas, will handle the P728-million Fertilizer Fund scam, the first of six articles of impeachment against Ombudsman Gutierrez.

Colmenares and Deputy Speaker Erin Tanada were assigned to present the Euro Generals issue, while Cavite Representative Elpidio Barzaga and Valenzuela Representative Magtanggol Gunigundo will prove the anomalous Mega-Pacific deal.

Akbayan party-list Representative Kaka Bag-ao and Oriental Mindoro
Representative Reynaldo Umali will handle two six articles of impeachment, the death of Navy Ensign Philip Pestaño and the $329-million NBN-ZTE deal.

The last article of impeachment - low conviction rate - will be handled by Farinas and Marikina City Representative Miro Quimbo.

The Ombudsman's illegal plea bargain agreement with former military comptroller Carlos Garcia will fall under the sixth article of impeachment.

Deputy Speaker Raul Daza is yet to be tasked to any article of impeachment since he is currently in the United States.

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