ex-ombudsman junked 40 reports on fertilizer scam to save gma

7/22/2019 Ex-Ombudsman Junked 40 Reports on Fertilizer Scam to Save GMA

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Ex-Ombudsman junked 40 reports on fertilizer scam to save GMA

By Gerry Albert Corpuz and Gloria Madonna Velarde

MANILA, Philippines-For former President Gloria Macapagal-Arroyo, life begins at 40, fig

ratively and literally because former Ombudsman Merceditas Gutierrez junked all 40 repor

on the fertilizer fund scam to save her presidency during her term.

In vain attempt to save former President and now Rep. Arroyo and other government of

cials implicated in the controversial P 728-million fertilizer fund scam from plunder and ot

er criminal and administrative suits, resigned Ombudsman Gutierrez used her office

throw away 40 reports filed by Task Force Abono, a special probe body formed by the offi

of the Ombudsman to investigate further the controversies surrounding the P 728-million fe

tilizer fund sca,

The task force in several occasions, recommended the filing of appropriate charges againgovernment officials based on investigations it conducted.

In their 10-page graft and obstruction charges against resigned Ombudsman Gutierrez, com

plainants led by Danilo Ramos, secretary general of Kilusang Magbubukid ng Pilipin

(KMP) and Fernando Hicap, national chairperson of the fisherfolk alliance Pambansan

Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) noted that on 20 June 200

Task Force Abono submitted its first fact-finding investigation report dated 20 June 2006

Ombudsman Gutierrez for approval.

Not acted upon

They said the fact-finding investigation report recommended the following which were n

acted by Gutierrez office.

a. The filing of a criminal complaint for preliminary investigation for violation of Article 2

(RPC) against the following public officials: Jocelyn Joc-Joc Bolante, Ibarra Poliquit, ConNanette C. Daza, Cong. Federico S. Sandoval II, Cong. Oscar L. Gozos, Gov. Carmencita O

Reyes, Dir. Dennis B. Araullo, Belinda Gonzales, Emma S. Gonzales, Balagtas J. Torres, J

vylee C. Obice, Rodolfo M. Guieb, Marie Paz Jasmine M. Cabucol, Raymundo E. Braganz

Abelardo Bragas, Felix Ramos, Ofelia Montilla, and Gregorio Sangalang;

b. The filing of a criminal complaint for preliminary investigation for violation of Section 3 (

and (g) of RA 3019 against the following public officials and private individuals: Jocelyn Jo
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Joc Bolante, Ibarra Poliquit, Cong. Nanette C. Daza, Cong. Federico S. Sandoval II, Cong. O

car L. Gozos, Gov. Carmencita O. Reyes, Dir. Dennis B. Araullo, Belinda Gonzales, Emma

Gonzales, Balagtas J. Torres, Juvylee C. Obice, Rodolfo M. Guieb, Marie Paz Jasmine M

Cabucol, Raymundo E. Braganza, Abelardo Bragas, Felix Ramos, Ofelia Montilla, Gregor

Sangalang, Linus C. Villanueva, Remus C. Villanueva, Phydias B. Baez, Fernando F. Ga

larte, and Frederico P. Quevedo;

c. The filing of an administrative complaint for preliminary investigation against the abovmentioned public officials, except Jocelyn I. Bolante, who was no longer in government se

vice, and the three members of the House of Representatives: Cong. Nanette C. Daza, Con

Federico S. Sandoval II and Cong. Oscar L. Gozos, for violation of Section 52(A) paragraph

(1) Dishonesty, (3) Grave Misconduct, and (20) Conduct Prejudicial to the Best Interest of th

Service under the Civil Service Law;

d. The above-mentioned public officials, except Jocelyn I. Bolante, who was no longer in go

ernment service, and the three members of the House of Representatives: Cong. Nanette Daza, Cong. Federico S. Sandoval II and Cong. Oscar L. Gozos, be placed under preventiv

suspension pursuant to Section 24 of RA 6770 (Ombudsman Act of 1989);

e. The administrative action against the three members of the House of Representative

Cong. Nanette C. Daza, Cong. Federico S. Sandoval II and Cong. Oscar L. Gozos, be referre

to the House Ethics Committee of the House of Representatives; and

f. The non-remittance of tax withheld as noted in par. 6.24 of the fact-finding investigating r

port be referred to the bureau of internal revenue for appropriate action.

Ramos said on 20 July 2006, Task Force Abono submitted its second Fact-Finding Investig

tion Report dated July 20, 2006 to Ombudsman Gutierrez for approval. The second report re

ommended the following:

a. The filing of a criminal complaint for preliminary investigation for violation of Section 3 (

and (g) of RA 3019 against the following public officials of Butuan City and private individ

als: Mayor Leonides Theresa B. Plaza; Vice Mayor Angelo S. Calo; Salvador L. Satorre, CiAgriculturist; Arthur Castro; Adulfo A. Llagas, City Treasurer; Rodolfo B. Evanoso, Loc

General Services Officer; Bebiano B. Calo, Local Accountant; Danilo C. Furia, City Budget O

ficer; Melita Loida T. Galbo, Supply Officer III; Incorporators of Feshan Phils., Inc.: Deonil

and/or Julie M. Gregorio, Derek G. Glass, Heap Chee Kin, Andrew S. Sarinas, and Regina

M. Gregorio; and Lucio Lapidez, representative of Feshan Phils., Inc.;


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b. The filing of a criminal complaint for preliminary investigation for violation of Section

(b) subparagraph 4 of RA 9184 against the above-mentioned private individuals connecte

with Feshan Phils., Inc.;

c. The filing of an administrative complaint for preliminary investigation against the publ

officials above-mentioned, except Mayor Leonides Theresa B. Plaza who was no longer

government service, for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Be

Interest

of the Service under the Civil Service Law; and

d. The public official above-mentioned, except Mayor Leonides Theresa B. Plaza who was n

longer in government service, be placed under preventive suspension for six (6) months wit

out pay, pursuant to the provisions of Section 24 of RA 6770 (Ombudsman Act of 1989).

Determined to demolish

From the start, resigned Ombudsman Gutierrez was determined to demolish all investig

tions on the fertilizer fund scam that would lead to the portals of Malacanang and would pi

point the Arroyo mafia as the principal syndicate behind the P 728-million fund scam. Ima

ine 40 reports summarily massacred in the name of GMA? Thats puppetry to GMA to th

highest order, KMPs Ramos lamented.

Hicap of Pamalakaya said from February to March 2007, Task Force Abono issued subpoenduces tecum to the Branch Manager, Land Bank Department of Agriculture Extensio

Branch, Elliptical Road, Quezon City to provide records of a particular bank account whe

the money disbursed through checks in the Fertilizer Fund Scam was deposited.

However, in March 2007, Ombudsman Gutierrez issued a Memorandum Order directing th

that all requests or referrals to the Anti-Money Laundering Council (AMLC) for document

information, or conduct of bank account examination of the subjects of investigation must b

approved by Ombudsman herself.

Heaven and earth

Heaven and earth was moved over 100 hundred times and Gutierrez went on extra a tho

sand mile to save Mrs. Arroyo and raiders of the fertilizer funds from an avalanche of crim

nal and administrative charges. The Task Force Abono failed to accomplish its mandate du

to joint Palace-Gutierrez manipulation, the Pamalakaya leader noted.


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In March and April of 2007, complainants led by KMP and Pamalakaya noted that Task For

Abono requested for the issuance of travel authority for four (4) FIO field investigators - tw

investigators to travel to Cebu and two investigators to travel to Davao - to secure record

documents and reports from the offices of Commission on Audit in Cebu and Davao, and

securesworn statements of witnesses in the Fertilizer Fund Scam. This request was not gran

ed by the designated officer in the Ombudsman Central Office.

Prior to March 2007, all requests for the issuance of travel authority relative to the investig

tion of the Fertilizer Fund Scam were granted by the Office of the Overall Deputy Ombud

man.

As of 31 July 2007, Task Force Abono submitted to Ombudsman Gutierrez for approval n

less than forty (40) Fact-Finding Investigation Reports regarding the Fertilizer Fund Scam. A

recommendations thereof are for the filing of criminal and administrative complaints for prliminary investigation against the concerned public officials and private persons found

have been involved therein.

Noteworthy, however, that all these reports and recommendations of the Task Force Abon

were not acted upon by the respondent until March 2011 when the Office of the Ombudsma

issued a Joint-Resolution dated 11 March 2011 for the filing of plunder and other crimin

and administrative cases against several government officials and employees and private i

dividuals involved in the fertilizer fund scam, the complainants said.

On 9 August 2007, one of the two Co-Chairmen of Task Force Abono was transferred imm

diately from the FIO to the Preliminary, Administrative and Monitoring Office (PAMO). O

16 August 2007, the other Co-Chairman of Task Force Abono was relieved from his positio

as OIC-Director of the Asset Investigation Bureau (AIB) and was directed to report to his su

ordinate, who was designated as his replacement as AIB OIC-Director. The transfer and su

sequent relieved of the two Co-Chairmen of Task Force Abono effectively disbanded the ta

force.

The fertilizer fund scam is only of the strings of charges filed before the office of the Ombud

man which Gutierrez failed to act upon since December 2005.

Pamalakaya for instance filed on Feb. 14, 2005 criminal cases against Arroyo, former enviro

ment secretary Michael Defensor and former foreign affairs secretary Alberto Romulo in co

nection with Rapu-Rapu mining in Rapu-Rapu, Albay, the oil exploration in Tanon Strait an

the massive distribution of more than 4,000 environmental compliance certificates in 2004.


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KMP also noted that the Ombudsman did not also make a necessary action on the plund

complaint his group and KMP filed on November 2005 against business tycoon Eduard

Danding Cojuangco Jr in connection with the P 130- billion coconut levy fund.

Last year, Pamalakaya filed plunder charges against Arroyo, former agriculture secreta

Arthur Yapand officials of the Department of Agriculture (DA) in connection with the P 45

million ice-making machines, which was overpriced by 100 percent per unit.

Pamalakaya and KMP also said resigned Ombudsman Gutierrez also ignored the case th

filed against police officials who led the violent break up of farmer and fisherfolk rallies

the height of the implementation of the calibrated preemptive response in 2006 and the crim

nal case they filed against former House Speaker Prospero Nograles for the violent dispers

of peasants and fishermen who staged a 54-day camp-out at the gate of Batasan complex

May 2009. #
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ex-ombudsman junked 40 reports on fertilizer scam to save gma

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