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\clvertalc\cellx9350\pard\intbl\sb100\sa100\f0\fs24 Gordon: GMA did not act on f
ertilizer scam \line{\field{\*\fldinst{HYPERLINK "ArticleListByAuthorName.aspx?A
uthorName=By+Christina+Mendez"}}{\fldrslt{\cf1\ul By Christina Mendez}}}\cf0\uln
one\f0\fs24 (The Philippine Star) Updated February 24, 2009 12:00 AM \cell\row\
pard\sb100\sa100 Sen. Richard Gordon shows the Blue Ribbon report on the fertili
zer fund scam. \b (papers with "CONFIDENTIAL")\b0\line MANILA, Philippines - The
Senate Blue Ribbon committee found no direct evidence linking President Arroyo
to the P728-million fertilizer scam in 2004 but inferred that she \ldblquote acq
uiesced\rdblquote to the acts of former agriculture undersecretary Jocelyn \ldb
lquote Jocjoc\rdblquote Bolante and other government officials implicated in th
e scandal by her inaction.\par
Blue Ribbon committee chairman Richard Gordon told reporters yesterday that the
corollary rule to the control powers of the President was called the \ldblquote
doctrine of qualified political agency.\rdblquote\par
In a 130-page report, the committee concluded: \ldblquote Since there was no rep
robation or disapproval coming from President Gloria Macapagal Arroyo regarding
their actions, it can easily be inferred that President Arroyo acquiesced to suc
h acts.\rdblquote\par
\ldblquote Does anyone really believe that Bolante, et al would have been able t
o malverse such a gargantuan amount and continue to evade all sorts of liability
without acquiescence of Malaca\'f1ang?\rdblquote said Gordon.\par
The Blue Ribbon committee wrapped up the fertilizer fund scam probe at the Senat
e with the 130-page report citing only 10 personalities, including Bolante, who
face charges ranging from plunder to money laundering.\par
The Blue Ribbon committee wrapped up the fertilizer fund scam probe at the Senat
e with the 130-page report citing only 10 personalities, including Bolante, who
face charges ranging from plunder to money laundering.\par
In his report, Gordon also noted that Mrs. Arroyo\rquote s knowledge of the fert
ilizer scam was alluded to by former Department of Budget Management (DBM) secre
tary Emilia Boncodin in her testimony during the 13th Congress.\par
The Gordon report quoted a portion of the first committee report made by then Se
n. Ramon Magsaysay Jr., which said: \ldblquote When asked if the fertilizer fund
request made by Usec. Bolante for the DA was upon the instruction of the Presid
ent, Sec. Boncodin replied with: \lquote I would imagine so.\rquote\rdblquote\pa
r
Gordon said the doctrine of qualified political agency provides that all executi
ve and administrative organizations are adjuncts of the executive department.\pa
r
\ldblquote The President is the chief administration office of the government. W
hile the Constitution is not explicit about this position, by reason of her bein
g the chief executive and the head of government, she exercises and wields all a
dministrative powers inherent in her position,\rdblquote said a portion of the
executive summary of the committee report.\par
\ldblquote Thus, while the Committee found no evidence directly linking the Pres
ident to the fertilizer scam, the acts of the former undersecretary of the DA, M
r. Jocelyn Bolante, and his cohorts, now Usec. Belinda Gonzales and now GSIS Vic
e President Ibarra Poliquit, are deemed acts of the President since they acted w
ithin the scope of their authorities given by then Sec. Luis Lorenzo,\rdblquote
the committee report said.\par
\pard\sb100\sa100\qc\b Plunder, other charges\b0\par
\pard\sb100\sa100 In the 12-page executive summary of the committee report, the
Blue Ribbon panel had recommended the filing of plunder charges against Bolante.
\par
Aside from Bolante, those recommended to be charged for plunder are former DA as
sistant secretary Poliquit, Leonicia Llarena, Feshan Philippines president Julie
Gregorio, Feshan Philippines vice president Redentor Antolin, Marilyn Araos, Ma
rites Aytona, Jaime Paule and DA Usec. Gonzales.\par
Gordon\rquote s committee made the recommendation after it conducted hearings fr
om Nov. 13 last year until Jan. 26.\par
Gordon cited evidence which showed that the personalities personally took part i
n the execution of the \ldblquote act acquiring ill-gotten wealth through a comb
ination or series of overt or criminal acts in the total value of at least P50 m
illion.\rdblquote\par
Apart from plunder, the committee also recommended that Bolante be slapped with
technical malversation, money laundering, false testimony/perjury; Poliquit, tec
hnical malversation; Llarena, malversation and false testimony/perjury in solemn
affirmation; Gregorio with tax evasion, money laundering, and disobedience to s
ummons by the National Assembly; Antolin, money laundering; Araos, money launder
ing; Aytona, money laundering, tax evasion, false testimony/perjury and disobedi
ence to summons; Paule, money laundering, false testimony/perjury; Gonzales, tec
hnical malversation; and Joselito Flordeliza, money laundering.\par
\pard\sb100\sa100\qc\b\lquote Pack of wolves\rquote\b0\par
\pard\sb100\sa100 In a press conference, Gordon likened Bolante and his companio
ns to a \ldblquote pack of wolves operating in the government.\rdblquote\par
He did not discount the speculations that the funds were used \ldblquote to help
those who will run under the administration party including myself\rdblquote i
n the 2004 elections.\par
While Gordon readily admitted to have been part of the administration coalition
in 2004, the senator said he did not benefit from the fertilizer fund scam.\par
According to him, the Senate is also recommending amendments to the Anti-Money L
aundering Law by extending the period of freeze order from an additional six mon
ths to two years.\par
The freeze order on the assets of Bolante was lifted last December at the height
of the Senate\rquote s reopening of the inquiry.\par
There is also a proposed revision to the AMLA Rules and the Bank Secrecy Act to
exempt public officers charged before the courts for violations of sections 3(b)
and (c) under the Corrupt Practices of Public Officers.\par
The amendment of the procurement act would focus on the inclusion of private ins
titutions, non-government organizations, people\rquote s organizations and priva
te entities that receive government monies in the coverage of the Procurement Ac
t.\par
Amendments were also recommended to the Rules of Procedure governing inquiries i
n aid of legislation on direct contempt and the suggested standard provision to
be added to the General Appropriations Act every year.\par
Gordon also scored the Office of the Ombudsman for dragging its feet on the issu
e. \par
The Blue Ribbon chair called for the amendment of the Constitution to make the O
mbudsman an elective rather than an appointive position.\par
He noted that Ombudsman Merceditas Gutierrez is known to be close to First Gentl
eman Jose Miguel Arroyo, as both were reportedly schoolmates at the Ateneo de Ma
nila University.\par
\ldblquote We need an Ombudsman beholden to the people,\rdblquote Gordon said.\
par
The Gordon report is the second committee report dished out by the Senate Blue R
ibbon committee which had recommended the filing of charges against former agric
ulture secretary Lorenzo, Bolante, Poliquit, Gonzales, Asec. Felix Montes, and a
ll regional directors of the DA who participated illegally in all the transactio
ns related to the scam.\par
This was in the 13th Congress when the Blue Ribbon was still headed by Sen. Mags
aysay.\par
The Magsaysay report also cited for contempt Lorenzo and Poliquit as well as Bol
ante, who then fled to the United States, which was \ldblquote deemed to be a de
liberate attempt to escape the jurisdiction of the Senate.\rdblquote\par
\ldblquote His flight was a clear indication of guilt,\rdblquote Gordon said.\p
ar
It was only when Bolante came back to the country last November that the Senate
reopened the fertilizer scam inquiry.\par
Then Senate President Manuel Villar Jr. directed the Senate Sgt-At-Arms to enfor
ce the arrest order against Bolante upon his return/deportation from the US wher
e he lost his appeal for political asylum.\par
\pard\sb100\sa100\qc\b Syndicated corruption\b0\par
\pard\sb100\sa100 Meanwhile, Sen. Mar Roxas said the Senate Blue Ribbon committe
e report on the P728- million fertilizer fund scam illustrates the system of syn
dicated corruption within the government that flourished under President Arroyo.
\par
\ldblquote We have proven again and again corruption in government, and the fert
ilizer scam showed how officials manipulate the system to rob the coffers of the
government,\rdblquote Roxas said.\par
Roxas said Gutierrez should resign for failing to prosecute Bolante for allegedl
y masterminding the diversion scheme.\par
He stressed that overwhelming evidence \endash both direct and circumstantial,
and documentary and testimonial \endash have been gathered by the committee aga
inst Bolante, giving no space for Gutierrez to claim that her office needs addit
ional proof to pin down the former DA official.\par
-------------\par
The \b Fertilizer Fund Scam\b0 is a {\field{\*\fldinst{HYPERLINK "/wiki/Philipp
ines"}}{\fldrslt{\cf1\ul Philippine}}}\cf0\ulnone\f0\fs24 political controversy
involving accusations that {\field{\*\fldinst{HYPERLINK "/wiki/Department_of_Ag
riculture_(Philippines)"}}{\fldrslt{\cf1\ul Agriculture Undersecretary}}}\cf0\ul
none\f0\fs24 {\field{\*\fldinst{HYPERLINK "/wiki/Jocelyn_Bolante"}}{\fldrslt{\c
f1\ul Jocelyn Bolante}}}\cf0\ulnone\f0\fs24 diverted {\field{\*\fldinst{HYPERLI
NK "/wiki/Philippine_peso"}}{\fldrslt{\cf1\ul P}}}\cf0\ulnone\f0\fs24 728 millio
n in fertilizer funds to the 2004 election campaign of {\field{\*\fldinst{HYPERL
INK "/wiki/President_of_the_Philippines"}}{\fldrslt{\cf1\ul President}}}\cf0\uln
one\f0\fs24 {\field{\*\fldinst{HYPERLINK "/wiki/Gloria_Macapagal-Arroyo"}}{\fld
rslt{\cf1\ul Gloria Macapagal-Arroyo}}}\cf0\ulnone\f0\fs24 .\par
\pard\keepn\sb100\sa100\b\fs36 Details\par
\pard\sb100\sa100\b0\fs24 In March 2004, the {\field{\*\fldinst{HYPERLINK "/wiki
/Philippine_Daily_Inquirer"}}{\fldrslt{\cf1\ul Philippine Daily Inquirer}}}\cf0\
ulnone\f0\fs24 reported that Senator {\field{\*\fldinst{HYPERLINK "/wiki/Panfil
o_Lacson"}}{\fldrslt{\cf1\ul Panfilo Lacson}}}\cf0\ulnone\f0\fs24 accused {\fie
ld{\*\fldinst{HYPERLINK "/wiki/Gloria_Macapagal-Arroyo"}}{\fldrslt{\cf1\ul Presi
dent Arroyo}}}\cf0\ulnone\f0\fs24 of vote-buying by authorizing the release of
728 million pesos.{\field{\*\fldinst{HYPERLINK "\\l "cite_note-ABS-CBN_News-0""}
}{\fldrslt{\cf1\ul [1]}}}\cf0\ulnone\f0\fs24 The money was supposedly to be use
d for the purchase of fertilizers which would be distributed to the local offici
als.\par
After a year, an episode of the Probe Team reported that some farmers claimed th
at they did not receive fertilizers from the funds released by the Department of
Agriculture. A PCIJ special report was released later saying that billions of f
arm funds were used to fund the presidential campaign of Arroyo.{\field{\*\fldin
st{HYPERLINK "\\l "cite_note-ABS-CBN_News-0""}}{\fldrslt{\cf1\ul [1]}}}\cf0\ulno
ne\f0\fs24\par
\pard\keepn\sb100\sa100\b\fs28 Jocelyn Bolante\par
\pard\sb100\sa100\b0\fs24 Jocelyn "Joc-Joc" Bolante was the Agriculture Undersec
retary when the fertilizer fund scam erupted. He is accused of diverting at leas
t 728 million pesos in fertilizer funds to President Arroyo's 2004 election camp
aign.{\field{\*\fldinst{HYPERLINK "\\l "cite_note-ANC-1""}}{\fldrslt{\cf1\ul [2]
}}}\cf0\ulnone\f0\fs24\par
When the controversy broke out in 2006, Bolante fled to the US and sought asylum
, but his petition was denied by the US courts and he was eventually deported. B
olante arrived in the Philippines on 28 October 2008. Upon his arrival, the Sena
te effected the warrant on Bolante, initially holding him under hospital arrest.
After a month, Bolante appeared on the Senate for the first time. He denies tha
t the money was misused stating that there was no fertilizer scam despite the fi
ndings of the Commission on Audit that there was \lquote excessive overpricing\r
quote of the liquid fertilizer purchased by Bolante's proponents.{\field{\*\fld
inst{HYPERLINK "\\l "cite_note-Philstar-2""}}{\fldrslt{\cf1\ul [3]}}}\cf0\ulnone
\f0\fs24 He cleared President Arroyo from any direct involvement. He also clear
ed the congressmen and other local officials implicated in the fertilizer fund s
cam.\par
\pard\keepn\sb100\sa100\b\fs36 Investigation\par
\pard\sb100\sa100\b0\fs24 Task Force Abono is currently looking into the involve
ment of some 140 congressmen in the Ginintuang Masaganang Ani (GMA) program of t
he Department of Agriculture.{\field{\*\fldinst{HYPERLINK "\\l "cite_note-Philst
ar-2""}}{\fldrslt{\cf1\ul [3]}}}\cf0\ulnone\f0\fs24\par
\pard\keepn\sb100\sa100\b\fs36\par
\pard\b0\f1\fs20\par
}