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Ombudsman appeals junking of Bolante's plunder raps

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Carolyn Bonquin, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/news-special1/nation/01/3/20161212-jocjoc-bolante-afp-2.jpg"/><figcaption><div class="embed-desc">Former Philippine undersecretary for agriculture Jocelyn Bolante listens to questions by congressmen during a congressional inquiry into alleged corruption before the House of Representatives in Manila on November 18, 2008. Luis Liwanag, AFP</div></figcaption></figure></div>MANILA - State prosecutors have asked the Sandiganbayan 2nd Division to reverse the <a href="http://news.abs-cbn.com/news/12/12/16/joc-joc-bolante-cleared-of-plunder-in-fertilizer-fund-scam">dismissal</a> of the P723-million fertilizer fund scam plunder case against former agriculture undersecretary Jocelyn &quot;Joc-joc&quot; Bolante, and seven other accused.In a motion for reconsideration, the Ombudsman insisted the existence of a probable cause to prosecute Bolante and the other respondents. It also said that the Sandiganbayan abused its authority in determining probable cause to arrest the accused.In a resolution last November 28, Sandiganbayan dropped the case after failing to find evidence that will link Bolante to plunder activities. This resolution was issued in the supposed determination of probable cause to try Bolante, which would also be a basis for his arrest.However, the Ombudsman said, the Sandiganbayan seemed to have looked for prima facie evidence or proof beyond reasonable doubt as threshold evidence in determining probable cause &quot;which is not allowed at this stage of the proceedings.&quot;Sandiganbayan should have looked into the prosecution panel’s evidence that may support the case, in order to arrest the accuse, even if it is merely based on opinion or reasonable belief, the Ombudsman added.Ombudsman also pointed out that a judge determines the probable cause to arrest the accused. Meanwhile, it is the prosecutor who determines the probable cause to believe that the accused is guilty and should be put on trial.For the Ombudsman, a probable cause lies on a series of acts Bolante and his associates supposedly committed to make the fertilizer fund scam possible.Then agriculture secretary Luis Ramon Lorenzo, whose office received the release of funds for the Ginintuang Masaganang Ani Program, allegedly gave Bolante absolute control over the fertilizer funds without specific guidelines, standards and limitations.With this, Bolante and his associates were able to divert P56.6 million and P153 million to the accounts of National Organization for Agriculture Enhancement and Productivity Inc. (NOAEPI) and Feshan Philippines, Inc. through anomalous sales of fertilizer to proponents congressmen and local chief executives. They also allegedly padded the list of beneficiaries.In a request to the Department of Budget and Management, Bolante also allegedly &quot;made it appear&quot; that the list of proponents were covered by the Strategic Agricultural and Fisheries Development Zones (SAFDZ) and Agriculture and Fisheries Modernization Act (AFMA).It was also found that 76 of beneficiaries under the original list were not given funds.&quot;Taken all together, it is difficult to turn a blind eye and disregard all foregoing findings made by the Field Investigation Office Task Force Abono, as supported by several documents and investigative findings from the DA, COA and Senate Blue Ribbon Committee,&quot; the motion read.&quot;These findings, as summed up in the Office of the Ombudsman&#x27;s Resolution dated 18 March 2011, undeniably show the existence of probable cause in order to hold the accused for trial for the offense charged against them, and consequently, the existence of probable cause for the issuance of warrants of arrest against all the accused.&quot;The Ombudsman emphasized that plunder is economic treason, which, if left unchecked &quot;will spread like a malignant tumor and ultimately consume the moral and institutional fiber of our nation.&quot;&quot;To let the accused scot-free after all the accumulation of evidence and conduct of numerous deliberations will make an injustice to our nation.”

MANILA - State prosecutors have asked the Sandiganbayan 2nd Division to reverse the dismissal of the P723-million fertilizer fund scam plunder case against former agriculture undersecretary Jocelyn "Joc-joc" Bolante, and seven other accused.

MANILA - State prosecutors have asked the Sandiganbayan 2nd Division to reverse the dismissal of the P723-million fertilizer fund scam plunder case against former agriculture undersecretary Jocelyn "Joc-joc" Bolante, and seven other accused.

Ombudsman appeals junking of Bolante's plunder raps

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Ombudsman appeals junking of Bolante's plunder raps

Carolyn Bonquin,

ABS-CBN News

Published Jan 03, 2017 05:59 PM PHT

|

Updated Jan 03, 2017 06:23 PM PHT

Read More:

Joc-joc Bolante

fertilizer fund scam

Office of the Ombudsman

Sandiganbayan

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