Gov’t: We can still amend P728M fertilizer scam plunder case

MANILA, Philippines – Government prosecutors insist that they can still amend the plunder case on the P728 million ($16.4 million) Fertilizer Fund Scam, despite objections from the defendants’ side. 

Government prosecutors want the Sandiganbayan to allow them to drop one of the defendants from the case, which stemmed from the alleged defrauding of the government with millions of pesos with overpriced farming tools and fertilizers.

In particular, the Office of the Special Prosecutor on April 17 requested to be allowed to drop Jose Barredo Jr from the list of accused. 

Barredo is currently among the defendants in the case, along with former DA Secretary Luis Ramon P. Lorenzo Jr., Undersecretary Jocelyn “Jocjoc” Bolante, and Assistant Secretary Ibarra Poliquit,

The 3 officials have been accused of conspiring with several individuals to defraud the government of P265.64 million ($6 million), along with private individuals Marilyn Araos, Marites Aytona, Joselito Flordeliza, Jaime Paule, and Leonicia Marco-Llarena.

An audit report found out that liquid fertilizers and farming tools were sold by the private individuals to the government at a much higher price. The purchases were funded via the P728 million Ginintuang Masaganang Ani (GMA) Farm Input Fund in 2004.

The lawyers for the 3 officials are objecting to the government’s request. The defense said information can’t be amended anymore since the court declared that the presented evidence were insufficient to sustain the allegations, specifically the lack of proof that any of the charged public officials amassed ill-gotten wealth.

The Sandiganbayan did not dismiss the case and gave the Office of the Ombudsman and its prosecutors 60 days to strengthen its evidence for the case.

Lawyers for the former government officials meanwhile noted that the prosecution was only given only until November 1, 2014 – counting from the date of receipt of the resolution – to submit additional evidences or testimony to strengthen the case.

The defense said the request to remove Barredo as an accused is invalid because the prosecution has effectively waived its right to submit additional evidence after failing to do so within the given period.

Prosecutors however said the court’s resolution is not final because it filed a motion for reconsideration dated September 1, 2014, requesting the court to reverse its findings and to declare the recorded evidence as sufficient to secure a conviction for plunder against the accused.

It also pointed out that Lorenzo filed a motion asking for “partial reconsideration” seeking outright dismissal of the case for lack of probable cause.

The prosecution argued that the finding of lack of probable cause isn’t settled yet. In addition, it highlighted that the sole issue here is whether the original information for plunder may still be amended as the question of whether Barredo or his statements can be used to strengthen the government case is not yet submitted in court. – Rappler.com

*$1=P44