Off the hook
The fertilizer scam was allegedly perpetrated during the campaign for the general elections in 2004. Funds intended as fertilizer and farm subsidies were allegedly misused through overpricing of supply procurements or distribution even to congressmen whose districts had no agricultural areas, to support the presidential campaign of Gloria Macapagal-Arroyo.
Among those investigated in connection with the scam was Roque Ablan Jr., who received the funds when he was a representative of Ilocos Norte. Ablan was accused of authorizing the procurement without public bidding of foliar fertilizer and spray, which were allegedly overpriced by P2.643 million.
He was indicted for graft before the Sandiganbayan by the Office of the Ombudsman on April 13 – nearly three weeks after Ablan died on March 26, and 14 years after the questioned procurement was made on March 2, 2004. Last year, the ombudsman had also indicted former Maguindanao congressman Simeon Datumanong in connection with the pork barrel scam, several months after his death.
The ombudsman has explained that it must be notified of such deaths by the counsel of the defendant. But even if Ablan were alive, there’s a good chance that the charges filed against him and six officials of the Department of Agriculture office in his province would be tossed out by the Sandiganbayan for what is becoming a depressingly common reason: the “inordinate delay” in filing the cases in court.
Charges against several other individuals in connection with the pork barrel and fertilizer fund scams have been tossed out by the courts due to the “inordinate delay” in their indictments. While this clearing by default is prone to abuse, 14 years of waiting for charges to be filed in court can validly be construed as an “inordinate delay.”
With the state no longer able to go after those accused of corruption due to snail-paced prosecution, impunity is certain to reign. This system is itself vulnerable to corruption: prosecutors can sit on a case for several years, and a crooked public official is assured of getting off the hook. Unless this problem is remedied, any campaign against corruption will be rendered toothless. President Duterte may have to apply Oplan Tokhang against those who steal from public coffers.