Supreme Court scrapped Bolante’s fertilizer scam case prematurely

The state prosecutors made an appeal to the Sandiganbayan Special Second Division about the ‘premature’ dismissal of former DA Undersecretary Jocelyn Bolante’s (and others) plunder case. The plunder case filed against Bolante and other da officials involved a Php723 million fertilizer fund scam.

The Special Prosecutor from the Ombudsman’s Office submitted a 14-page motion for reconsideration to question the abrupt dismissal of the case against Bolante and others. The court cancelled the case because of the lack of probable cause to continue the trial.

According to the motion, the court went over their power because the probable cause that the judge only holds is for the arrest warrants. Once the preliminary investigation proper starts, the Prosecutor takes over. This is still applicable whether or not there is enough reason to believe that the accused is guilty.

The prosecution team also emphasized the apparent allegation of “raiding the public funds” is enough to pursue the trial.

In addition, the case is backed up by a number of documents and investigation results from the DA, COA, and Senate Blue Ribbon Committee.

“It becomes unnecessary to present proof at this early stage that such public fund found its way to the personal account of the accused, as what the Honorable Court wanted the prosecution to prove,” according to the motion filed.

The prosecutors also gave the court an advice to open up their eyes to the true corruption that is happening around.

“To let the accused run scot-free after all the accumulation of evidence and conduct of numerous deliberations will make an injustice to our nation,” the motion adds.

The scam plot started when former DA Secretary Luis Ramon Lorenzo assigned Bolante to supervise the Farm Input and Farm Implement Program (FIFIP) without following any guidelines, and limitations.