Showing posts with label Philippine fertilizer fund scandal. Show all posts
Showing posts with label Philippine fertilizer fund scandal. Show all posts

Tuesday, February 17, 2009

Philippines: More sh*t hits the fan about fertilizer scam

This is from Malaya (Manila)



It seems that there may finally be some charges laid against Bolante the former agriculture undersecretary who seems to have masterminded the scheme although no doubt higher ups were also indirectly involved. Those higherups may still be able to quash any action.



Gordon tags Palace in fertilizer scam
BY JP LOPEZ
THE Senate Blue Ribbon committee is expected to come out with a preliminary report on the P728-million fertilizer fund mess either today or tomorrow containing a strong statement against Malacañang for its crime by omission or commission.
"You commit crimes by omission or commission, and the omission is very glaring. It amounts to passive commission," Blue Ribbon chair Sen. Richard Gordon said yesterday.
He said the report is specific on the acts committed, either by omission or commission, by all parties involved.
He said the report "is more specific and hard-hitting than the committee report during the 13th Congress by the committees on Blue Ribbon and Agriculture."
Senators Joker Arroyo and Ramon Magsaysay Jr. released a final report in December 2005 recommending the filing of graft charges against former agriculture undersecretary Jocelyn "Joc Joc" Bolante for masterminding the illegal diversion of fertilizer funds that found their way into the campaign kitty of President Arroyo in the 2004 elections.
Gordon said the fertilizer fund mess "is a very, very big case because there are killings involved."
"With an issue this big, their (Palace) silence is deafening," he said.
He recalled that the deaths of former DA employees Marlene Esperat and Teofilo Mojica had been linked to their attempts to expose irregularities in the department.
He said he would recommend filing of charges against personalities involved in the mess.
Gordon said the committee would no longer hold hearings unless there is new evidence.
Gordon has said the Senate is readying the transmittal of testimonial and documentary evidence to help the Office of the Ombudsman in filing plunder charges against Bolante and other key personalities implicated in the fertilizer fund mess.
Gordon said evidence gathered by his panel is sufficient.
"We have enough (evidence) to bring this (case) to the Ombudsman. There is a ton of evidence, and we have heard testimony among witnesses that were presented by way of checks and reports. We warn the Ombudsman that there is enough evidence," he said.
"We will serve hard evidence in a silver platter," he said.

Sunday, December 21, 2008

Philippines: More witnesses in fertilizer fund scam at Senate inquiry

This is from Malaya newspaper.
This scam involves a tangled web of relations between numerous people as this article shows.
To give the wrong testimony could very well put ones life in danger.


Joc Joc ‘pal’ set to bare allGordon starts connecting the dots
BY JP LOPEZ
THE Senate Blue Ribbon committee is gearing for an explosive testimony from Maritess Aytona, the alleged runner of former agriculture undersecretary Jocelyn "Joc Joc" Bolante, in today’s resumption of the investigation on the P728-million fertilizer mess.
"This is Ms. Aytona’s chance to clear her name. But she has to be ready because certainly a lot of questions will be thrown at her. We only want to hear the truth, and we do hope she would cooperate with our investigation," said panel chair Sen. Richard Gordon.
Gordon said Aytona denied she was a runner of Bolante but appeared to have transacted instead with alleged Malacañang liaison Jaime Paule and alleged financier Leonicia Llarena.
Gordon said Aytona is a combination of a runner and packager. "She was a runner of Paule and Llarena. She got 3 percent of a P40-million deal cornered by the foundation she was connected with," Gordon said.
He said Aytona and Bolante may not be directly linked to the fund mess but "Aytona is connected to Paule. Paule is connected to Llarena and Paule is connected by (agriculture undersecretary Belinda) Gonzales to Bolante."
Gordon said Aytona told him that Paule in February 2004 asked her to become a consultant of the foundation which would be a proponent and implementor of the Department of Agriculture project on distribution of farm inputs and implements.
Gordon said Aytona, the "packager" of proposals on the fertilizer project, should prepare herself for tough grilling especially after she snubbed the Senate hearings several times.
Senate witness Jose Barredo claimed he worked with Aytona who on the other hand worked as Bolante’s runner.
Aytona last Thursday surrendered to Gordon, a day after she was cited for contempt and ordered arrested for repeated refusal to attend hearings despite summonses.
Aytona has claimed she along with her brother Ramon and Eduardo were on their way to the Senate last Wednesday when motorcycle-riding men tried to ambush them.
Gordon said Paule’s life is also in great danger.
"Mr. Paule should come out in the open because if he has some knowledge on this multi-million fertilizer fund scam, he may be in great danger. But if he surrenders to the Senate, we can even give him protection," he said.
Gordon said the statements of Gonzales, Llarena and Aytona all point to Paule as a big part of the implementation of the fertilizer project.
"Mr. Paule has a lot of explaining to do. That could be the reason behind his continuous hiding, because he knows a lot about this and he may not have a good explanation on his actions," he said.
"Paule has been in the system of entering into transactions with the government. And I think this guy is apparently embedded in the system of corruption," he added.
Gonzales had testified that Paule was one of the people who were at the meeting with Bolante at the New World Hotel in Makati City sometime in 2002.
Gonzales said Paule’s group was seeking assistance against some people who had claimed connections with the DA and who had duped them.
Llarena, owner of Dane Publishing Inc., said she has known Paule and Aytona since 1998 and had been giving them loans for their projects with the government.
She said Paule had sought financial assistance from her regarding the fertilizer project.
She said she issued 10 personal checks from March 25 to September 30, 2004 amounting to P12.695 million to enable Paule to get fertilizers from Feshan Philippines Inc, the biggest supplier in the project.
Sen. Manuel Roxas II urged Bolante to stop covering up for his and his bosses’ role in the fund mess.
"Joc Joc’s options are getting fewer. Evidence is piling up that he is just inventing his alibi in the Senate. If I were Joc Joc, I’d tell the truth now and admit everything he knows about this scam," he said.
He said it would be Joc Joc’s Christmas gift not only to himself and his family but to the entire nation if he becomes truthful, admits the irregularities in the fertilizer program and spills the "real" brains behind it.
"His Christmas will be sad because he has fear and guilt in his heart. It is better to tell the truth during the hearing on Monday so he can have a more meaningful celebration of the holidays with his family," he also said.
Roxas warned the former agriculture undersecretary could be arrested and detained anew at the Senate if he continues to be elusive and if he sticks to his fabricated story.
"The committee will not hesitate to cite him in contempt again and order his arrest and detention at the Senate if he continues to be elusive and (continues) to tell us lies," he said.

Tuesday, December 16, 2008

Philippines: Bolante (Joc-joc) to be charged with false testimony.

It remains to be seen whether these charges actually stick. The inquiry is still going on and no doubt there could be more damaging testimony. Bolante will held by Senate until the case if filed.

Press ReleaseDecember 9, 2008
Gordon to charge Bolante for false testimony
Independent Senator Richard J. Gordon today said he will file charges for false testimony--and not perjury--against former agriculture undersecretary Jocelyn Bolante for falsely and evasively testifying on his alleged involvement in the P728-million fertilizer fund scam.
Gordon, chairman of the Senate blue ribbon committee, made the clarification as the Senate panel resumes its hearing on the fertilizer fund mess at noontime tomorrow (Dec.. 10).
"We have a plethora of evidence that warrants the filing of charges against Mr. Bolante. Clearly, he violates the rules of the Senate and its blue ribbon committee and once a criminal case is filed against him, it is now up to the court to decide," he said.
"The Senate meanwhile will not be sidelined from holding these hearings in aid of legislation, since its principal responsibility is to address loopholes in government procurement projects," he added.
Gordon said he will formally file charges for violation of Article 183 of the Revised Penal Code, or false testimony, against Bolante, citing his eight statements majority senators deemed false and evasive during the hearings last Nov. 13, 25 and 28.
He explained that under the law, false testimony is committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it.
False testimony, a bailable offense, is punishable by four months and one day (arresto mayor, maximum period) up to two years and four months (prision correccional, minimum period) imprisonment. Each false testimony is considered a separate and distinct offense.
Gordon added that the case would be filed before the DOJ, and not the Office of the Ombudsman, since Bolante is no longer a public official when he made the false statements before the panel.
"Aside from the fact that the Ombudsman seems to be sitting on the case that was filed by the Senate of the 13th Congress against Mr. Bolante, we considered his status as a private individual when making those false statements," he said.
He also said, once the case is filed, Bolante would be released from detention in the Senate, consistent with the contempt order the Senate blue ribbon committee has issued against him last Dec. 3.
The contempt order was overwhelmingly approved by 13 senators led by Senate President Juan Ponce Enrile.

Thursday, November 27, 2008

Philippines: Fecal matter still hitting fan re fertilizer scam

This is from the Tribune (Manila). Arroyo and her deal making spouse are likely to wriggle free from all this as usual. The surprise witness may disappear or chicken out or whatever. Stay tuned for Fertilizer Scam Part 15 tomorrow or the next day with a cast of dozens including Joc-Joc, Arroyo, First Gentleman Mike etc.


A ‘surprise witness’ to pin Joc-joc on scam
By Angie M. Rosales
EXCLUSIVE

11/28/2008
It may be all over for former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante when a “surprise witness” who reportedly has personal knowledge of the P728-million fertilizer fund scam finally surfaces before the Senate blue ribbon committee.
The surprise witness is to further pin down Bolante as being the architect in the alleged misuse, some four years ago, of the department’s fertilizer fund.
The witness, unimpeachable sources yesterday revealed, is likely to name names, including naming one of the alleged bagmen of First Gentleman Jose Miguel “Mike” Arroyo.
It has been talked about, for sometime, that the First Gentleman was allegedly heavily involved in the campaign and its “funding” for his wife’s 2004 presidential run.
But there is still no certainty that the unnamed witness, known to be knowledgeable on the purported modus operandi perpetrated by Bolante
in the disbursement of funds, will appear in today’s continuation of the inquiry as safety and well-being of the witness are still being arranged, along with the needed documents to back up the testimony, it was gathered.
The appearance of the unnamed witness is seen to trigger the surfacing of other supposed key players in the fund scam, substantiating allegations made in the previous Senate inquiry into the farm inputs and farm implements program during the 13th Congress, under the helm of Sen. Ramon Magsaysay Jr., sources added.
As this developed, majority of the blue ribbon committee members handling the inquiry favor the call to put in detention anew Bolante by the upper chamber.
Most likely, Bolante may find himself being held in custody by the Senate when proceedings resume today.
Committee chairman Sen. Richard Gordon yesterday said there are already 11 of his panel members who had signed, approving the motion made by opposition Sen. Panfilo Lacson to cite in contempt Bolante, as they have found him to be evasive in answering their queries during last Tuesday’s continuation of their probe.
“We have the votes. That’s why he should prepare himself very well, be frank and candid and not be evasive tomorrow. I mean, this is a big hint. We have 11 signatures already. There are 17 members and we only need nine (to constitute the majority),” the senator said during the weekly Kapihan sa Senado breakfast forum.
“Depending on the committee, I’m preparing the instances when Bolante had been caught lying or had been practically evasive…I already warned him,” Gordon said.
“I want to make it clear, Bolante is not under arrest, he’s not under house arrest, he’s in his house, he is escorted by the Senate principally because he has said that he fears for his life. He is under protective custody of the Senate. I am told by the (Senate) Sergeant-at-Arms that he is able to go wherever he wants. (But) we can detain him in any detention center that we see fit,” the senator said.
Expected to attend the hearing are former DA regional directors who were served the department at the time of the supposed perpetration of the fund scam.
“They are expected to shed more light especially to sustain what (DA Reg. 11) Dir. (Roger) Choi has stated (in the last proceedings) that directions were taken from Bolante and at the same time, to sustain the statement made by (DA Reg.7 Dir. Ricardo) Oblena of the fact that Bolante commanded to change the NGO (non-government organization) concerned,” the senator said.
Oblena, when cornered by Senate probers in the last hearing, confessed that he had received instructions through a phone call from Bolante, supposedly to change the name of the NGO-recipient of the funds for the submission of documents for liquidation, some two months after actual deliveries were made.
Earlier, Gordon ordered the National Bureau of Investigations (NBI) to locate the whereabouts of Maritess Aytona, Bolante’s alleged runner for some of the funds distributed in the Visayan region, after the Senate’s process servers failed to serve the invitation for her appear in today’s hearing as the Senate resumes its investigation on the fertilizer fund scam.
He added that they wanted to invite Aytona and compel her to appear in a face-off with Bolante.
“Right now, we have the lawyers saying that they are going to bring her here. We’re not quite sure whether that is going to happen. But tomorrow, we also expect more breakthroughs in the matter because of the fact that the AMLC (Anti-Money Laundering Council) will shed light on the deposits,” he said.
“We will get the AMLC to come down to make that report,” added Gordon.
Aytona was earlier identified as the individual who proposed a 30-30-40 sharing scheme for the P5-million fertilizer allocation-30 percent for the congressman, 30 percent for Bolante, and 40 percent for the purchase of liquid fertilizer.
Bolante has denied knowing her and Capiz Rep. Antonio del Rosario, who claimed that Aytona and her cohort, Jose Barredo, had offered him a cut of the P5-million fertilizer fund.
Aytona, in the submitted sworn affidavit of Barredo to the Magsaysay committee in October 2005, was identified as being connected with the supposed fertilizer supplier Feshan Philippines Inc.
The said company, according to Barredo is alleged to be “connected” with Bolante and was supposedly tapped to exclusively supply the liquid fertilizer of local government officials – congressmen and governors, sometime during the 2004 presidential elections.
Barredo attested before the Senate panel of having worked closely with Aytona in the “marketing” of liquid fertilizers to LGUs beginning January 2004.
Barredo identified several municipalities and congressional districts in Bulacan and legislative districts in Region 6 as his area of operation.
The blue ribbon chairman has also requested the Philippine Embassy in Singapore to secure immediately the deposition of Derek Glass, the Singaporean incorporator of Feshan.
Gordon issued the request to Ambassador Minda Cruz on Glass company’s participation in the fund scam in the hope of clarifying a statement purportedly attributed to Glass that the latter was not aware of the contract his company entered with the government.
He also wanted to verify reports that the liquid fertilizers delivered were allegedly of sub-standard quality.
Based on media reports, Glass earlier claimed the company and the Bio-Nature fertilizer brand might have been “used” unscrupulously by his local partners. He disavowed involvement in the scam and said he was surprised to be linked to it.
Glass also reportedly denied that Bio-Nature fertilizer, made by the Singapore-based Bio Nature Technology of which he is a major stockholder.

Saturday, November 15, 2008

Philippines: Fertilizer fund scandal still hits fan!

This is a case of pass the buck down instead of up as it should go!


Ping: Summon DA’s Yap‘We will prove Joc Joc is a liar’
BY DENNIS GADIL
SEN. Panfilo Lacson yesterday asked the Blue Ribbon committee to summon Agriculture Secretary Arthur Yap over claims by former agriculture undersecretary for finance Jocelyn "Joc Joc" Bolante that Yap could be responsible for the P728-million fertilizer fund scam.
But Blue Ribbon chair Alan Peter Cayetano and Sen. Mar Roxas said Bolante is not yet off the hook. They said they are awaiting documents and further testimonies.
Lacson said Yap must answer queries on why he failed to monitor and prevent the fertilizer project from turning into a fund scam as DA undersecretary for operations.
Bolante on Thursday told senators he was not aware that there was an anomaly in the implementation of the fertilizer program but said Yap, then undersecretary for operations, should have known about it.
Yap held that post February 2004 to August 2004 when fertilizer funds intended for purchase of farm implements for farmers supposedly found their way to congressmen and local executive officials loyal to President Arroyo.
Bolante told the Senate panel that after approving the list of recipients and the release of funds, it was the task of the DA undersecretary of operations or the DA regional director to monitor the implementation.
"Sa mga susunod na hearing... ihaharap na namin sa kanya (Bolante) ang mga dokumento, mga opisyal mula sa Department of Agriculture... We’ll have three or more hearings at least na kaharap niya mga tao, kaharap nya mga dokumento. Tingnan natin kung makukumbinsi niya ang publiko," Cayetano said.
Roxas said the next Senate hearing on the fertilizer fund probe will serve to unmask the claims of Bolante that no higher authority was behind the controversial scam.
Bolante on Thursday cleared President Arroyo, saying the implementation of the P728-million farm input-farm implement program was implemented without her approval.
"This shows that the thief is related to the liar. In the next Senate hearings, where we will call DA employees, we will find out who really is lying and who stole from the people," said Roxas.
Roxas stressed the need to put on record Bolante’s testimony, but said the truthfulness of his claims can be seen in the documents gathered by the Senate and by the testimony of other people from the DA.
"The evidence is there in the 2006 Senate committee report. Yesterday, we gave Joc Joc the chance to air his side. In the next hearing, we will see the inconsistencies in Joc Joc’s testimony. We will find out who is lying, because one couldn’t say that ‘it’s black’ and the other ‘it’s white.’ There is only one right answer," he said.
Caloocan Bishop Deogracias Iñiguez, head of the CBCP Public Affairs Committee, said the statement of Bolante clearing President Arroyo of any knowledge in the fund scandal is "simply unbelievable."
"Everything that happens in government, especially with that kind of amount, emanates from her (Arroyo) so it is impossible for her not to know anything about this," he said. – With Gerard Naval

Thursday, November 13, 2008

Philippines: Joc-joc testimony on the fertilizer scam.

This is from Daily Tribune. At least Joc Joc finally testified before the Senate but it seems that he resolutely defends Arroyo even though his testimony seems to be full of holes and probably lies as well. This is just part of the article.


Joc-joc’s ‘lies’ slammed; scam leads to Palace
By Angie M. Rosales
11/14/2008
Controversial former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante yesterday cleared President Arroyo of any involvement in the alleged mismanagement of P728-million fertilizer fund some four years ago, saying the President “was not involved in this particular project of the Department of Agriculture. The implementation of the P728-million farm input, farm implement program was approved by the DBM (Department of Budget and Management) without the approval of President Arroyo,” he told Senate probers.
But senators, including Palace allies, found Bolante’s claim incredulous, noting the various irregularities in the transaction and primary role of Bolante in making the funds available to the
beneficiaries, as himself described before them.
Sen. Miriam Defensor-Santiago said that culpability in the fund misuse “certainly leads up to Malacañang. Even if the former secretary of Agriculture (Luisito Lorenzo) returns to the Philippines claiming he didn’t receive his own kickback, then who issued the order? Someone had to issue the order. It’s not automatic that a mere undersecretary can avail of the P728 million. There is no such undersecretary with such powers. The order (from the higher ups) was there,” she said in an interview with reporters after interrogating Bolante.
Bolante could easily be charged, based on the information senators gathered so far, for violation of the anti-graft law, malversation of public funds, plunder and violation of the procurement law, to say the least, Santiago added.

Wednesday, November 12, 2008

Philippines: Senate House wrangle over Bolante case.

The Arroyo government will do anything to try and keep the Senate from questioning Joc Joc Bolante. The House is controlled by Arroyo. Stay tuned for the next episode in Arroyo's plots to foil those evildoer Senators!

Senate, House wrangle over Bolante case
November 12, 2008 04:28:00
Christine Avendaño Gil C. Cabacungan Jr.
Philippine Daily Inquirer
MANILA, Philippines—The chair of the Senate blue ribbon committee is not inclined to yield to the House of Representatives for first crack at questioning Jocelyn “Joc-joc” Bolante on the P728-million fertilizer fund scam because this might prevent the Senate from proceeding with its own inquiry on Thursday.
Sen. Alan Peter Cayetano Tuesday said the former agriculture undersecretary’s “testimony in person” was “so valuable” to the Senate. He also said the House inquiry scheduled for Wednesday could lead to two scenarios—Bolante could be cited for contempt and end up being detained at the House, or he could be so stressed by his experience that he would land in hospital again.
Bolante, who had requested to be allowed to remain at St. Luke’s Medical Center in Quezon City, is under the custody of the Senate Sergeant at Arms.
He is not expected to attend Wednesday’s hearing at the House because congressmen had refused to accede to his request that they seek permission from the Senate on his behalf.
But Palawan Rep. Abraham Mitra, chair of the House committee on agriculture, announced at a press conference that Wednesday’s hearing would go on as scheduled “with or without Bolante.”
According to Mitra, officials from the Department of Agriculture, Department of Budget and Management and Commission on Audit, a “Mrs. Aytona,” the purported runner of the fertilizer scam, and the House members who had received the fertilizer funds were willing to take the stand.
Disappointed
Mitra said the House was “very disappointed” that Bolante had declined its invitation on grounds that the Senate had jurisdiction over his case.
Wrote Bolante in a letter sent to Mitra Tuesday: “Much as I would like to contribute to the success of the hearing, I regret to inform you that I am presently under the custody of the Senate because of the warrant of arrest dated Dec. 12, 2005, and therefore I am not in a position to honor your invitation.
“On this note, may I respectfully [request] your honorable committee to help me secure the necessary clearance from the Senate, and I further request a copy of the questions to be asked in order that I may be informed as to the matters that are to be covered by the inquiry.”
Mitra said he had consulted with the House committee on rules and was advised against writing to the Senate on grounds that the two chambers were co-equal, and that the validity of the Senate’s arrest warrant on Bolante had yet to be finalized. He said the House had also rejected Bolante’s request for an advance copy of its questions.
“There is no basis for that. Besides, how can I predict what the members will ask him?” Mitra said.
Tug of war
Senators Juan Ponce Enrile and Panfilo Lacson urged Senate President Manuel Villar to ask Speaker Prospero Nograles to defer the House inquiry so as to avert what Lacson described as a “tug of war” between the two chambers.
“Too much wrangling or a confrontation between the two chambers would not add to the peace of this nation,” Enrile told Villar as he took the floor at the start of the session.
“May I suggest, to [prevent] an adversarial position from developing, that the Senate President communicate to the Speaker so that we will have no wrangling between the two chambers,” Enrile said.
Lacson issued the reminder that Senate took pains to seek custody of Bolante when the latter fled to the United States.
“Inter-chamber courtesy dictates that the House defer because, after all, the Senate has custody, the Senate has original jurisdiction, the Senate has already started investigation,” he said.

Monday, November 10, 2008

Suspect in fertillizer scam to leave hospital to testify: Philippines

The Senate better make sure that Joc Joc does not slip away on them before he ever testifies this Thursday before the senate. Joc Joc seems a slippery fellow who could slither off into hiding somewhere again with a little help from his friends!


‘Joc Joc’ can leavehospital, say docs

Appearance before panel set Thursday
FORMER agriculture undersecretary Jocelyn "Joc Joc" Bolante will come face to face with senators on Thursday after his doctors said he is fit to be discharged from the St. Luke’s Medical Center in Quezon City.
While he could be summoned to appear today, Senate majority leader Francis Pangilinan said the Senate granted Bolante’s request that he be given more time to stay in the hospital, citing his physician’s advice.
The request was contained in a letter faxed to the Senate dated Nov. 10, addressed to Senators Alan Peter Cayetano and Edgardo Angara.
A copy of the letter was also sent to Senate President Manuel Villar.
Pangilinan said the letter was verified and confirmed by the lawyer of Bolante and by the office of the Senate President.
He said Bolante executed the letter in the presence of the lawyer.
Bolante is being accused as the mastermind of the P728 million fertilizer scandal, where funds allocated for the government’s fertilizer program for poor farmers were allegedly diverted to President Arroyo’s campaign kitty in the 2004 elections.
The Senate committee on rules maintained that the arrest order issued by the previous Congress remains valid.
"A new warrant (against Bolante) is not necessary," Pangilinan said.
"The consensus in the committee is to continue with the investigation of the Bolante case. The Blue Ribbon will take cognizance of the issue and proceed with the investigation," Pangilinan said.
The rules panel acted on Senate Resolution 637 filed by Sen. Mar Roxas, inquiring on the status of the arrest order against Bolante and Resolution 702 calling for the reopening of the fertilizer fund probe.
Roxas said his two resolutions will allow the Senate to tackle the issue immediately, once approved by the plenary.
Pangilinan noted the Senate’s agriculture and food committee report submitted during the 13th Congress that the probe will not end until Bolante "reveals the truth behind the fertilizer scam."
Six of the nine members of the rules panel attended the closed-door meeting, namely Pangilinan, Panfilo Lacson, Juan Ponce Enrile, Francis Escudero, Roxas and Loren Legarda.
Pangilinan said the contempt citation and the order of arrest against Bolante were made and issued by the Senate, itself being a continuing body, by a majority of 21 members.
"Co-extensive with the legislative branch’s power to investigate is the power to compel the attendance of witnesses in investigations and to commit for contempt for their refusal to testify. The warrant of arrest against him, therefore, remains enforced as he continues to defy facing the Senate investigation," he added.
"Bolante will remain under Senate custody until he reveals to the public the truth behind the fertilizer scam," Pangilinan said.
Minority leader Aquilino Pimentel Jr. said Bolante should be jailed in the New Bilibid Prisons in if he continues to defy the Senate.
"That is the way we should handle witnesses who obfuscate issues and try to evade the processes of the Senate," he said.
Sen. Panfilo Lacson said Bolante also has to explain the P1.1 billion more from the Ginintuang Masaganang Ani program that was discovered by the Senate during its investigation on the scam.
"So more funds wasted and probably more names will come out. Kaya lalo pang dapat si Bolante pumunta rito para ipaliwanag niya what is this all about," Lacson said.
He said the Senate wants to find out if Bolante was really the "architect" of the scam or he acted on orders of "higher-ups."
He said that based on Special Allotment Release Order by then Budget Secretary Emilia Boncodin, the Agriculture department released P728 million on February 3, 2004 and another SARO for P1.1 billion was issued a week later.
The House committee on agriculture has tentatively scheduled a hearing on the fertilizer fund scam today.
"We know the Senate has already conducted an investigation through the Blue Ribbon committee even if it’s the same, we think the House should conduct its own inquiry," said panel chair Rep. Kahlil Abraham Mitra (NPC, Palawan), author of Resolution 848. – Dennis Gadil, JP Lopez, and Wendell Vigilia

Sunday, November 2, 2008

Philippines: More on the Fertilizer Scam

This is from the Tribune (Manila).
Notice that it is now three years since the Ombudsman has had the first Senate report on the matter but she has yet to act on the recommendations. As the article suggests this may be because she is shielding Arroyo. It will be interesting to see if Joc-joc ever testifies before Senate or if he suddenly disappears again to end up in another foreign country!


Possible turning point vs evil
EDITORIAL

11/03/2008
Even before the Senate had succeded in bringing home former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante to give his side on the P720-million fertilizer fund scam, pieces of the putrid remains of the anomaly are starting to seep out.
It has been four years since the 2004 elections when the fund diversion allegedly happened benefiting the equally fraudulent victory of Gloria against then opposition candidate Fernando Poe Jr. (FPJ).
The fund scam is the last of the residue of the several illegal measures undertaken by Gloria to steal the elections from FPJ, who was the obvious and clear winner of that election.
The orchestrated and systematic thwarting of the people’s will was all too evident in the “Hello Garci” controversy in which a taped conversion of former Commission on Elections Commissioner Virgilio Garcillano and Gloria showed how the Comelec was a major participant in the massive cheating campaign.
After four years, records at the provincial government of Nueva Vizcaya have provided evidence into the fund diversion, with P4.9 million worth of supposed farm inputs having been transferred a few days before the actual voting.
It was established during the past hearings of the Senate that the fertilizers distributed in 2004 under the Department of Agriculture program were either overpriced by 1000 percent or were, despite the overprice, not suitable for the intended farms for these.
Also, the Commission on Audit has disallowed the distribution of the farm inputs for violating the basic requirement of public bidding on such purchases.
Sen. Alan Peter Cayetano has indicated that it will be the Senate blue ribbon committee which will have to reopen the fertilizer scam probe since graft was already established during the past hearings conducted by the Senate committee on agriculture that had issued a report on it.
A blue ribbon investigation may give a new dimension into the controversy since the Senate body has a more encompassing reach than the previous committee, although it had competently undertaken its inquiry on the controversy.
The report of the Senate agriculture committee that stated, among others, that Bolante was the architect of the fund scam was submitted to the Ombudsman but until now, or three years after the report has been submitted, the anti-graft body has yet to act on the recommendations contained in the Senate report.
The case in Nueva Vizcaya showed clearly that the Ombudsman does not need eternity to “collate” the pieces of evidence to pin down Bolante and those higher ups in the government who had obviously ordered the fund diversion.
The Palace gave a new spin on shielding Ombudsman Merceditas Gutierrez from public criticism for its office’s lethargic response on the Bolante case. It said that it had taken the Ombudsman three years to sit on the case because of the absence of Bolante and now that he is in the country, the case filed against him is expected to proceed.
Bolante’s whereabouts in the United States where he was preposterously seeking asylum to escape the Senate probe was never a secret to Malacañang or the Ombudsman and a request for his repatriation would have not been impossible since the United States government has even considered Bolante a nuisance.
His counsels in the United States have been trying to depict Bolante as a champion of the rights of immigrants in the United States.
Yet no such request was made and it was even believed that Bolante’s legal assistance and his request for asylum were all well taken care of within the walls of the Palace.
The chance of Bolante turning out as a witness against the perpetrators of the fertilizer fund scam, who any Tom, Dick and Harry already know, is as remote as his demented asylum bid in the US, although a revived probe may induce more pieces of evidence to come out on the controversy.
As such, it will also reveal how truly incompetent Merceditas Gutierrez is in her current position as graft buster.
But was she supposed to have ever really been one when she was appointed by Gloria?

Saturday, November 1, 2008

Philippines: Still waiting for fertilizer scam to hit the fan again..

This is from the Manila Tribune.
The Arroyo administration is trying everything possible to sweep the fertilizer scam under the rug it would seem. Now the Ombudsman who is responsive to Arryoyo's concerns may get involved. Some Catholic Bishops are asking Bolante (Joc-Joc) to come clean.

Joc-joc, Ombudsman under close Senate scrutiny
By Angie M. Rosales
11/01/2008
Opposition senators are keeping a close watch, not only on the former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante but also on the Office of the Ombudsman, watching and waiting whether Ombudsman Merceditas Gutierrez will now take action on Bolante’s pending case and how she will be treating this, as her office never made a move to take any action on the same case for over two years, or after the Senate furnished the Ombudsman with its report substantiated with explosive documents, all pointing to the diversion of the fertilizer fund.
Senators warned it would only place the Ombudsman under a cloud of suspicion, especially if her investigation of the P728-million fertilizer fund, allegedly involving Bolante, runs against the findings of the Senate probe.
Senate President ProTempore Jinggoy Estrada yesterday cautioned the Ombudsman, pointing to a possible implication on the Senate conducting again its inquiry into the matter.
“They beter not try to compete with the Senate in conducting an investigation on this issue. We have a standing arrest warrant against Bolante dating back the time of Sen. (Ramon) Jun Magsaysay Jr. (then chairman of the agriculture and food committee) and I think that is still valid,” Estrada said.
The Senate official said he supports the call of some of his colleagues to place Bolante under investigation the moment he is discharged from the hospital and placed under the full custody of the Senate and answer questions hounding him, the prime of which is his being the alleged architect the in the fund scam.
But the senator also cautioned that anything can happen at this point, noting the apparent delaying tactics being employed by the camp of Bolante, in a bid to evade testifying before the Senate.
Sen. Manuel “Mar” Roxas II joined Estrada in issuing a warning to the Ombudsman, even as he blamed inaction and delay on the part of Gutierrez as a root cause of slipping public confidence in the government which he said is severely eroding the stability of the democratic system.
“Gutierrez has lost credibility because she has let known allies of this administration off the hook,” Roxas said.
He stressed that the Ombudsman’s inability to combat corruption may lead to more calls from various sectors, such as the call made by five Catholic bishops a few days ago, for leadership change,which may have catastrophic political consequences.
“Gutierrez has lost the mantle of judicious impartiality and is perceived as a willing tool of Malacañang to prevent its allies from being brought to justice,” Roxas said.
He said Gutierrez failed in her constitutional duty to “protect the people” as she repeatedly ignored calls for quick action on sensational cases involving graft and corruption in the Arroyo administration.
“Instead of being the people’s ally in cleaning the government, the Ombudsman has become a tool of the corrupt in this administration as far as the public can see,” said Roxas.
But for Sen. Edgardo Angara, he said in an ambush interview with reporters in Malacañang yesterday that the case of Bolante is a non-pending matter in the Senate as far as the present 14th Congress is concerned.
The Bolante case is a closed case, he said.
He also mentioned that Bolante will be investigated by the Ombudsman with a lawyer accompanying him and therefore will give him the right to be represented by a lawyer, which the Senate does not, since it does not allow lawyers of summoned witness during the Senate inquiry to speak in behalf of their clients.
Senator Angara said there are more important issues of concern to the senators.
Palace executive secretary Eduardo Ermita has reiterated that upon the Congress adjournment, this has to take action on the new procedures to follow starting with the publication of rules and that the new elected members will have to approve these rules.
With this statement, Ermita explained the treatment of the Senate warrant of arrest against Bolante, has received differing interpretations from the members of the present Congress with Sen. Manuel Villar contesting that it has not lapsed, but with Senator Angara arguing it has.
Ermita said that the executive branch will be depending on the decision of Supreme Court to rule on the validity of warrant of arrest issued to Bolante.
He also said that President Arroyo has been consistent in her policy statement during this period that her administration is being attacked by critics with impeachment cases and allegations on involment in the fertilizer fund misuse.
“The President keeps on reminding the Cabinet that we will focus on pro-poor programs and projects that will help us weather this crisis,” Ermita said.
Las Piñas Rep. Cynthia Villar also yesterday expressed her willingness to testify before the Ombudsman and in the revived Senate investigation into the P728-million fertilizer scam.
According to Las Piñas City Rep. Cynthia Villar she would like to testify to clear her name. She said that she had been named as one of the beneficiaries of the fertilizer fund.
Villar said that she had nothing to do with the fertilizer funds and that she and other Metro Manila lawmakers had been the recipients of such funds.
Villar said that Bolante listed her name and the name of other Metro Manila lawmakers as recipients of the fertilizer funds without their knowledge. In fact, she said her district did not receive such fertilizers.
Meanwhile, a Church-based group has taken its appeal for Bolante to cooperate with the probe on fertilizer fund scam to the highest level.
The Association of Major Religious Superiors of the Philippines (AMRSP) said its members are praying for Bolante to reveal the truth and identify all those who are involved in the alleged anomalous project.
Sr. Mary John Mananzan, AMRSP chairperson, said they asked God’s intervention for the erstwhile government official to “see the light” and “tell the truth”.
“Our prayer is for him to see the light and he will see that he can really make a difference in the future of this country,” said Mananzan at a forum in Quezon City Wednesday.
“If he’s going to tell the truth, I think it will have a very great repercussion in the future of this country,” she said.
Bolante, tagged as the chief architect of the so called fertilizer scam, returned to the Philippines Tuesday night after more than two years in detention in the United States.
He was rushed to the St. Luke’s Medical Center in Quezon City but is considered to be under hospital arrest. His lawyer had asked the Supreme Court to void his arrest. “We are praying that God will move him to say something for the good of the country so that he will have a legacy for his family that although he did wrong, he told the truth and was redeemed,” Mananzan said.
Gerry Baldo and Pat C. Santos

Monday, October 27, 2008

Philippines: Former official to be arrested on return from US.

This is from the Manila Tribune.
It will be interesting to see if Bolante is actually arrested or manages to disappear. His arrest and testimony could be embarassing to the government. He knows a lot about a longstanding scandal having to do with a fertilizer fund. Some urban politicians managed to get paid from this fertilizer fund. I suppose that was to grow Arroyo lots of votes!






DFA CLAIMS NO REPORT YET ON DEPORTATION
Senate to arrest Bolante; gov’t evasive on his arrival
By Michaela P. del Callar
10/27/2008
The government until yesterday remained tight-lipped on the arrival of controversial former Agriculture Undersecretary Jocelyn “Joc-joc” Bolante in the country, raising the specter of a repeat of the abduction of Rodolfo “Jun” Lozada, a key Senate witness in the anomalous $320-million National Broadband Network (NBN) deal, upon his arrival from Hong Kong where he went to evade a Senate inquiry.
Lozada eventually revealed all that he knew about the controversial deal in the Senate inquiry and said that he was snatched by state agents from the airport.
Like Lozada, Bolante will likely be served a warrant of arrest from the Senate upon his arrival in Manila tomorrow because of his involvement in the P728-million fertilizer fund scam, Senate Minority Leader Aquilino Pimentel Jr said.
He added the Senate sergeant-at-arms can implement the arrest order against Bolante on the basis of an arrest warrant issued by the Senate.
Pimentel also favors the re-opening of the investigation into the fertilizer fund scam if Bolante arrives in Manila.
The Department of Foreign Affairs (DFA) was tight-lipped on details of
Bolante’s impending deportation of Bolante who was accused of diverting million of pesos supposedly for the purchase of fertilizers to the campaign fund of President Arroyo in 2004.
Foreign Affairs officials declined to give interviews and comments when asked about details and preparations being made by the government for Bolante’s on Tuesday.
DFA officials said they have not received an official report from the Philippine Consulate General in Chicago, Illinois on the deportation proceedings. The consulate in Chicago has jurisdiction on the case of Bolante, who is detained at the Kenosha county jail in the state of Wisconsin.
They said, however, the Philippine government will continue to provide assistance to Bolante until he is safely returned to Manila.
“We don’t have details of his arrival nor can we confirm that he really is coming back this week. However, the DFA, through its consulate in Chicago will provide him with whatever assistance that he needs and will ensure that his rights are protected because he is a Filipino citizen,” one official said.
DFA sources said Bolante will be escorted by US Marshals on his flight back to the Philippines.
The Tribune earlier reported that Bolante is arriving at 11 p.m. on Tuesday via Northwest Airlines Flight 71.
Bolante, who was arrested on July 7, 2006 in Los Angeles, California, was accused of diverting P728-million fertilizer funds of the Department of Agriculture to the campaign kitty of President Arroyo for her 2004 presidential bid.
In Aug. 27, the US Court of Appeals for the Seventh Circuit in Chicago denied the former Deaprtment of Agriculture official’s petition for review of his asylum claim.
The court ruled that Bolante “cannot meet his burden of proof on his asylum claim” and that his “fear of persecution is objectively unreasonable” after failing to provide specific information or details about it.
With Bolante’s deportation, the Senate is expected to revive its investigation on the fertilizer fund scandal involving the President, who is facing another impeachment complaint at the House of Representatives.
The impeachment charges were filed by opposition lawmakers and were recently endorsed by former staunch ally and ex-House speaker Jose De Venecia Jr. Although lacking in numbers in the administration-controlled Lower House, De Venecia’s support is expected to give voice to the complaint, which has been quashed thrice in the past.
Pimentel added if Sen. Edgardo Angara, chairman of the committee on agriculture and food, does not want to reopen the case, the Senate Blue Ribbon committee should investigate it motu proprio.
He added the Senate blue ribbon committee can assume jurisdiction of the case from the committee on agriculture which had conducted an exhausted probe of the anomaly under the chairmanship of former Senator Ramon Magsaysay Jr.
Pimentel noted the Office of the Ombudsman has not resolved the graft charges against Bolante.
Due to the failure of the Ombudsman to decide on the case, there is still no criminal case against Bolante that can serve as basis for his arrest by law enforcement agencies.
He added that some senators have urged the Department of Justice to issue a hold departure order against Bolante to prevent him from leaving the country again and evade investigation and prosecution.
Malacañang insisted that the government has not prepared any special arrangement for Bolante’s arrival.
Bolante fled to the United States two years ago to evade a Senate inquiry on the fertilizer fund scam.
“Why the need for special preparations? The government does not make such plans on the return to the country of an ordinary citizen,” Deputy Presidential spokesman Anthony Golez said on radio.
Golez said Bolante’s possible return is being hyped up by critics of Mrs. Arroyo.
Golez had said if parties are really after justice, then a case should be filed against Bolante in court to get to the bottom of the fertilizer fund controversy.
“As enshrined in the Constitution, if you want to know the truth and if you want to bring justice, then it has to be brought in the right courts, in the right forum,” he said.

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