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, figuratively and literally because former Ombudsman Merceditas Gutierrez junked all 40 reports 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 officials implicated in the controversial P 728-million fertilizer fund scam from plunder and other criminal and administrative suits, resigned Ombudsman Gutierrez used her office to throw away 40 reports filed by Task Force Abono, a special probe body formed by the office of the Ombudsman to investigate further the controversies surrounding the P 728-million fertilizer fund sca, The task force in several occasions, recommended the filing of appropriate charges against government officials based on investigations it conducted. In their 10-page graft and obstruction charges against resigned Ombudsman Gutierrez, complainants led by Danilo Ramos, secretary general of Kilusang Magbubukid ng Pilipinas (KMP) and Fernando Hicap, national chairperson of the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) noted that on 20 June 2006, Task Force Abono submitted its first fact-finding investigation report dated 20 June 2006 to Ombudsman Gutierrez for approval. Not acted upon

They said the fact-finding investigation report recommended the following which were not acted by Gutierrez office. a. The filing of a criminal complaint for preliminary investigation for violation of Article 220 (RPC) against the following public officials: Jocelyn Joc-Joc Bolante, Ibarra Poliquit, Cong. Nanette 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, Juvylee C. Obice, Rodolfo M. Guieb, Marie Paz Jasmine M. Cabucol, Raymundo E. Braganza, Abelardo Bragas, Felix Ramos, Ofelia Montilla, and Gregorio Sangalang; b. The filing of a criminal complaint for preliminary investigation for violation of Section 3 (e) and (g) of RA 3019 against the following public officials and private individuals: Jocelyn Joc-

Joc Bolante, Ibarra Poliquit, Cong. Nanette 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, Juvylee C. Obice, Rodolfo M. Guieb, Marie Paz Jasmine M. Cabucol, Raymundo E. Braganza, Abelardo Bragas, Felix Ramos, Ofelia Montilla, Gregorio Sangalang, Linus C. Villanueva, Remus C. Villanueva, Phydias B. Baez, Fernando F. Gallarte, and Frederico P. Quevedo; c. The filing of an administrative complaint for preliminary investigation against the abovementioned public officials, except Jocelyn I. Bolante, who was no longer in government service, and the three members of the House of Representatives: Cong. Nanette C. Daza, Cong. Federico S. Sandoval II and Cong. Oscar L. Gozos, for violation of Section 52(A) paragraphs (1) Dishonesty, (3) Grave Misconduct, and (20) Conduct Prejudicial to the Best Interest of the Service under the Civil Service Law; d. The above-mentioned public officials, except Jocelyn I. Bolante, who was no longer in government service, and the three members of the House of Representatives: Cong. Nanette C. Daza, Cong. Federico S. Sandoval II and Cong. Oscar L. Gozos, be placed under preventive suspension pursuant to Section 24 of RA 6770 (Ombudsman Act of 1989); e. The administrative action against the three members of the House of Representatives: Cong. Nanette C. Daza, Cong. Federico S. Sandoval II and Cong. Oscar L. Gozos, be referred 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 report 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 Investigation Report dated July 20, 2006 to Ombudsman Gutierrez for approval. The second report recommended the following: a. The filing of a criminal complaint for preliminary investigation for violation of Section 3 (e) and (g) of RA 3019 against the following public officials of Butuan City and private individuals: Mayor Leonides Theresa B. Plaza; Vice Mayor Angelo S. Calo; Salvador L. Satorre, City Agriculturist; Arthur Castro; Adulfo A. Llagas, City Treasurer; Rodolfo B. Evanoso, Local General Services Officer; Bebiano B. Calo, Local Accountant; Danilo C. Furia, City Budget Officer; Melita Loida T. Galbo, Supply Officer III; Incorporators of Feshan Phils., Inc.: Deonilla and/or Julie M. Gregorio, Derek G. Glass, Heap Chee Kin, Andrew S. Sarinas, and Reginald M. Gregorio; and Lucio Lapidez, representative of Feshan Phils., Inc.;

b. The filing of a criminal complaint for preliminary investigation for violation of Section 65 (b) subparagraph 4 of RA 9184 against the above-mentioned private individuals connected with Feshan Phils., Inc.; c. The filing of an administrative complaint for preliminary investigation against the public officials above-mentioned, except Mayor Leonides Theresa B. Plaza who was no longer in government service, for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service under the Civil Service Law; and d. The public official above-mentioned, except Mayor Leonides Theresa B. Plaza who was no longer in government service, be placed under preventive suspension for six (6) months without 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 investigations on the fertilizer fund scam that would lead to the portals of Malacanang and would pinpoint the Arroyo mafia as the principal syndicate behind the P 728-million fund scam. Imagine 40 reports summarily massacred in the name of GMA? Thats puppetry to GMA to the highest order, KMPs Ramos lamented. Hicap of Pamalakaya said from February to March 2007, Task Force Abono issued subpoena duces tecum to the Branch Manager, Land Bank Department of Agriculture Extension Branch, Elliptical Road, Quezon City to provide records of a particular bank account where the money disbursed through checks in the Fertilizer Fund Scam was deposited. However, in March 2007, Ombudsman Gutierrez issued a Memorandum Order directing that that all requests or referrals to the Anti-Money Laundering Council (AMLC) for documents, information, or conduct of bank account examination of the subjects of investigation must be approved by Ombudsman herself. Heaven and earth Heaven and earth was moved over 100 hundred times and Gutierrez went on extra a thousand mile to save Mrs. Arroyo and raiders of the fertilizer funds from an avalanche of criminal and administrative charges. The Task Force Abono failed to accomplish its mandate due to joint Palace-Gutierrez manipulation, the Pamalakaya leader noted.

In March and April of 2007, complainants led by KMP and Pamalakaya noted that Task Force Abono requested for the issuance of travel authority for four (4) FIO field investigators - two investigators to travel to Cebu and two investigators to travel to Davao - to secure records, documents and reports from the offices of Commission on Audit in Cebu and Davao, and to securesworn statements of witnesses in the Fertilizer Fund Scam. This request was not granted by the designated officer in the Ombudsman Central Office. Prior to March 2007, all requests for the issuance of travel authority relative to the investigation of the Fertilizer Fund Scam were granted by the Office of the Overall Deputy Ombudsman.

As of 31 July 2007, Task Force Abono submitted to Ombudsman Gutierrez for approval not less than forty (40) Fact-Finding Investigation Reports regarding the Fertilizer Fund Scam. All recommendations thereof are for the filing of criminal and administrative complaints for preliminary investigation against the concerned public officials and private persons found to have been involved therein. Noteworthy, however, that all these reports and recommendations of the Task Force Abono were not acted upon by the respondent until March 2011 when the Office of the Ombudsman issued a Joint-Resolution dated 11 March 2011 for the filing of plunder and other criminal and administrative cases against several government officials and employees and private individuals 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 immediately from the FIO to the Preliminary, Administrative and Monitoring Office (PAMO). On 16 August 2007, the other Co-Chairman of Task Force Abono was relieved from his position as OIC-Director of the Asset Investigation Bureau (AIB) and was directed to report to his subordinate, who was designated as his replacement as AIB OIC-Director. The transfer and subsequent relieved of the two Co-Chairmen of Task Force Abono effectively disbanded the task force. The fertilizer fund scam is only of the strings of charges filed before the office of the Ombudsman which Gutierrez failed to act upon since December 2005. Pamalakaya for instance filed on Feb. 14, 2005 criminal cases against Arroyo, former environment secretary Michael Defensor and former foreign affairs secretary Alberto Romulo in connection with Rapu-Rapu mining in Rapu-Rapu, Albay, the oil exploration in Tanon Strait and the massive distribution of more than 4,000 environmental compliance certificates in 2004.

KMP also noted that the Ombudsman did not also make a necessary action on the plunder complaint his group and KMP filed on November 2005 against business tycoon Eduardo Danding Cojuangco Jr in connection with the P 130- billion coconut levy fund. Last year, Pamalakaya filed plunder charges against Arroyo, former agriculture secretary Arthur Yapand officials of the Department of Agriculture (DA) in connection with the P 455million ice-making machines, which was overpriced by 100 percent per unit. Pamalakaya and KMP also said resigned Ombudsman Gutierrez also ignored the case they filed against police officials who led the violent break up of farmer and fisherfolk rallies at the height of the implementation of the calibrated preemptive response in 2006 and the criminal case they filed against former House Speaker Prospero Nograles for the violent dispersal of peasants and fishermen who staged a 54-day camp-out at the gate of Batasan complex in May 2009. #