If not ‘Jocjoc’, who are the culprits?

In 2004 Sen. Panfilo Lacson accused then President Gloria Macapagal Arroyo of utilizing fertilizer funds for electioneering purposes. Specifically, the issue involved the mismanagement of the P728-million Fertilizer Fund Program designed for the benefit of farmers nationwide. Incidentally, the presidential elections that year pitted the incumbent Arroyo against four contenders: Fernando Poe Jr., Raul Roco, Panfilo Lacson, and Brother Eddie Villanueva.

An investigation was conducted by the Senate committee on agriculture and food headed by Sen. Ramon Magsaysay Jr. and the blue ribbon committee of Sen. Joker Arroyo.
Sen. Richard Gordon would take over the blue ribbon committee in the following Congress.

After six public hearings and testimony from more than 50 resource persons, farmers’ organizations, cooperatives, peasant groups and courageous public servants, as well as private citizens, the Senate in plenary approved Joint Committee Report No. 54 on the use of the fertilizer fund. Its conclusion: “The mismanagement of the fertilizer fund is novel in its method and astounding in its shamelessness. The fertilizer fund was a premeditated, systematic, and grand, agricultural theft.” The report named Jocelyn “Jocjoc” Bolante as the architect and brains of the fertilizer fund scam.

Who is ‘Jocjoc’ Bolante?

Before joining government, Bolante was active in Rotary affairs. He would become treasurer of Rotary International with offices in Evanston, Illinois. He is probably one of the few Filipinos to hold a high position at the international level of the organization. It was his close friendship with fellow Rotarian and first gentleman Mike Arroyo that led to his appointment as agriculture undersecretary before the 2004 presidential election. There appears to be scant evidence of any background in agricultural work although he was successful in the business of memorial plans and related activities.

Among the findings of the Senate committee report are the following:

There was gross overpricing. The ordinary foliar fertilizer was overpriced by almost 700 percent to 1,250 percent.

Fertilizer for ornamental plants was supplied, instead of for rice and corn.

The fertilizer fund was released during the wrong season. These were the months of February to May, the “gapasan” months or the harvest season.

The fertilizer fund was used in the 2004 elections. The design was suited for electoral purposes, taking into account the time involved and the hasty release of appropriations.

The fertilizer fund project was conceived without inputs from the Fertilizer and Pesticides Authority, an adjunct agency of the Department of Agriculture.

The suppliers of the fertilizers were not members of the Fertilizer Industry Association of the Philippines that supplies 95 percent of the country’s fertilizer requirements.

During the Senate hearings, Bolante was invited several times to shed light on the issue. Instead of availing himself of these opportunities to defend himself, he ignored all invitations and subpoenas, and instead left for abroad. He claimed that the Senate probe was politically motivated, and invoked Executive Order No. 464, prohibiting executives from testifying before Congress. He also indicated that his life was in danger from New People’s Army hit squads who were after him.

Since Bolante refused to appear before the Senate, an arrest warrant was issued, and a request was sent to the US Embassy for the cancellation of his US visa. Accordingly, the US government revoked his visa and held him for a number of years in an immigration detention facility. Sources familiar with the case say that one of the reasons for the revocation of his visa had to do with what is known as the “No Safe Haven” program that denies foreigners suspected of corrupt practices the privilege of sanctuary in the United States.

Bolante returned to the Philippines in 2010, requiring a wheelchair at the airport and was swiftly taken to a hospital for what looked like a serious health condition. He later ran for governor of his province, Capiz, and lost.

In 2011, the Office of the Ombudsman filed a plunder case accusing Bolante of pocketing a portion of the P728- million fertilizer fund that was released under the Farm Input, Farm Implements Program of the agriculture department in 2004. In August 2014, the Sandiganbayan issued a resolution, stating that prosecutors failed to present sufficient evidence to prove that Bolante may be tried for plunder. Although poised to dismiss the case, the Sandiganbayan gave the Ombudsman an additional 60 days to submit evidence to strengthen its case, noting that “It cannot close its eyes to the glaring fraud and irregularity in the release and utilization of the P728-million Fertilizer Fund.”

Last week, the Sandiganbayan ordered the dismissal of the charges against Bolante, for “lack of probable cause.” While the court pointed out that Bolante was the “central, key player” in the case, there was no proof that he acquired ill-gotten wealth from the fertilizer fund scam.

So now we are back to square one.

For the average Filipino, this case seemed open and shut. The mere fact that Bolante refused to testify in order to better explain the program of which he was alleged to be the “mastermind,” followed by his abrupt departure for the United States under a cloud, indicated guilt, or a desire to protect other people involved in the misuse of funds. The findings of the Senate and the questions raised by those findings, do not appear to have had any bearing on the case.

Who lost?

As is often the case, it is the Filipino people who lost. P728 million in funds to help our farmers were diverted to other purposes. Perhaps, some small fry at the local government level will be caught and jailed. But the perception remains that our judicial system, all four pillars, is fundamentally flawed in favor of the wealthy and the powerful. Oftentimes, all that is needed is time, time to allow people to forget and—as is commonly expressed these days—to move on.