Sandigan affirms dismissal of Bolante plunder raps

Former Agriculture Under Secretary Jocelyn "Jocjoc" Bolante gestures during the resumption of his testimony before the Senate Blue Ribbon Committee Friday Nov. 28, 2008 in Manila for his alleged role in the 728-Million-Peso (14.56 million US Dollars) "fertilizer scam" which allegedly diverted money for agrilculture projects to fund President Gloria Macapagal Arroyo's reelection bid in 2004. Bolante, who fled to the United States but asylum and was deported early this month, was threatened anew with contempt for his alleged evasiveness in answering questions from senators. (AP Photo/Bullit Marquez)

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By Prince Golez, Manila Reporter
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Thursday, February 16, 2017
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MANILA – The Sandiganbayan has affirmed its dismissal of the plunder case against former Department of Agriculture (DA) undersecretary Jocelyn “Joc-joc” Bolante.

A native of Dao, Capiz, the former Agriculture undersecretary was accused of masterminding the P728-million fertilizer scam in 2004.

The amount was allegedly diverted to fund the presidential campaign of former President Gloria Macapagal-Arroyo, now congressman of Pampanga.

In its Feb. 6 resolution, the anti-graft court said that the prosecutors were only able to prove that ill-gotten wealth went to the local officials and DA regional officials.

Bolante’s link to the scam was not established, the 8-page resolution read.

“The prosecution must have overlooked the well-recognized power of the judges to dismiss a criminal case when the evidence on record clearly fails to establish probable cause for the issuance of the arrest,” it added.

The decision comes on the heels of the motion for reconsideration filed by the Office of the Ombudsman last month, appealing the dismissal of Bolante’s plunder case.

The Agriculture department purchased 2,133 liters of liquid fertilizer at P1,500, which originally cost P150 each, according to the Ombudsman.

In December last year, the Sandiganbayan 2nd Division said that there was no concrete proof that Bolante and the other defendants misused the fertilizer fund.

Aside from Bolante, others cleared were former Agriculture secretary Luis Lorenzo, former assistant secretary Ibarra Trinidad Poliquit, and private defendants Marilyn Araos, Marites Aytona, Jose Barredo, Joselito Flordeliza, Leonicia Marco-Llanera, and Jaime Paule.

“There is no reason to hold the accused for trial and further expose [Bolante] to an open and public accusation of the crime when no probable cause exists,” the Sandiganbayan said./PN

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