Amended plunder raps vs Lorenzo, Bolante OK’d
With a decision that practically revived the P728-million fertilizer fund scam plunder case, the Sandiganbayan has granted the prosecution’s motion to amend the criminal complaint against former agriculture secretary Luis Lorenzo and former undersecretary Jocelyn “Jocjoc” Bolante and turn one of those charged into a state witness.
The anti-graft court’s Second Division, in a ruling dated July 21, 2016, said it is allowing one Jose Barredo Jr. to be removed from the list of respondents.
“This court recognizes that the right to determine who to prosecute is essentially an executive function and not a judicial one,” the Sandiganbayan said.
With a new amended charge sheet, the Sandiganbayan is now expected to again rule if the case will go to trial after it almost junked the plunder charge two years ago.
In the Aug. 15, 2014 decision, the Sandiganbayan said the Office of the Ombudsman failed to provide evidence that Lorenzo, Bolante and their fellow respondents to the case accumulated, amassed or acquired ill-gotten wealth amounting to more than P50 million so as to be charged with and tried for plunder.
But the anti- graft court decided not to dismiss the criminal case just yet and gave the Office of the Ombudsman a chance to strengthen its complaint by submitting more evidence.
Lorenzo and his co-accused had objected to the Sandiganbayan decision, arguing that the anti- graft court “should have ordered the outright dismissal of the instant case” after it said that the prosecution failed to establish probable cause.
“If there is indeed fraud and irregularity, the proper course of action for the prosecution would be to file cases appropriate to the said fraud and irregularity, and not to insist on ill-conceived and baseless plunder charge,” the former DA secretary said.
But with the latest ruling of the Sandiganbayan allowing amendments to the charge sheet, the anti-graft court said the motions for reconsiderations filed by Lorenzo, Bolante and their co-accused had become moot and academic.
The plunder charge against them was filed in July 2011, accusing Bolante of masterminding the scam while Lorenzo is charged with allegedly allowing Bolante to misuse government finances by giving him a free hand in the handling of the fertilizer funds in 2004.