Plunder evidence up to truth panel
By Aurea Calica (The Philippine Star) Updated July 11, 2010 12:00 AM
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MANILA, Philippines – Malacañang is hopeful that the soon-to-be formed Truth Commission will lead to
more witnesses and additional evidence for a stronger case of plunder against those allegedly behind the
fertilizer
fund scam like former President Gloria Macapagal-Arroyo, former agriculture secretary Luis “Cito” Lorenzo
and his undersecretary, Jocelyn “Jocjoc” Bolante.
Presidential spokesman Edwin Lacierda hinted yesterday that the graft charges filed by the Office of the
Ombudsman could still be modified to plunder if there will be more testimonies and evidence against the
accused.
But he said everything would be up to the Truth Commission to be headed by former Supreme Court Chief
Justice Hilario Davide Jr.
“That will be the mandate of the Truth Commission,” Lacierda said over government station dzRB.
Lacierda said he is not in a position to judge whether the Ombudsman should have charged Lorenzo and
Bolante with plunder and not just graft, which is a bailable offense.
“I think it really depends on the Truth Commission. That is really the role of the Truth Commission so I
cannot speculate on what charges should have been filed,” he said.
All eyes on the Ombudsman
Lacierda also clarified that at this time, there is no decision yet on whether the Palace would move to have
the Ombudsman replaced because of President Aquino’s doubts about her alleged impartiality due to her
ties with the Arroyos.
Ombudsman Merceditas Gutierrez was a classmate of the former president’s husband, Jose Miguel “Mike”
Arroyo, at the Ateneo de Manila University’s law school.
“That (Ombudsman) is a constitutional body that will have to stay there for now. In the meantime, the Truth
Commission is there. Our promise to you is that we will put a closure to all the controversies. So that is what
we’re going to do,” Lacierda said, recalling that journalist Marlene Esperat was killed during the last
administration supposedly because of her exposé on the scam.
“So there are many who became afraid because of what happened. Many do not want to reveal the truth. We
are hoping that with the Truth Commission, once this is established, a lot of good people will come out and
disclose what really happened (in this controversy),” Lacierda said.
He said it would also be up to the Truth Commission to determine whether Lorenzo could be a state witness.
On Friday, the Office of the Ombudsman included Lorenzo in the list of people being investigated for the
P728-million fertilizer fund scam.
Assistant Ombudsman Jose de Jesus Jr. said Lorenzo would be summoned after he was included as a
respondent in the supplemental complaint filed by the Ombudsman’s Field Investigation Office before the
Preliminary Investigation Administrative Adjudication and Monitoring Office.
Lorenzo and Bolante were charged with malversation of public funds or property and for violating the Anti-
Graft and Corrupt Practices Act or Republic Act 3019.
Other regional directors of the agriculture department were also charged for supposedly taking orders from
Bolante and for supposedly favoring some fertilizer suppliers.
The Senate committees that investigated the scam recommended charges against former President Arroyo
for supposed knowledge of the anomaly, being the president at that time.
Lacierda said Mr. Aquino wanted “an independent Ombudsman who will really investigate corruption cases
in government” and that options to remove Gutierrez were being studied.
The Ombudsman could only be removed through impeachment and Lacierda said they were studying the
legality of Gutierrez’s term.
He said other possible options include “just speaking to Ombudsman Gutierrez and asking for her early
retirement.”
Lacierda said the exclusion of Arroyo in the Ombudsman’s complaint on the P728-million fertilizer fund
scam would prove that justice would be hard to achieve with Gutierrez as head of the country’s anti-graft
agency.
Arroyo enjoyed presidential immunity from prosecution during her term.
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