Four years since it was perpetrated and three years since a Senate inquiry concluded it was a scam, the Ombudman is finally acting on the P732-million fertilizer scam that could drag almost half of the entire Congress to the mess.

For starters, four House members, two of them still incumbent, have been recommended for indictment for their participation and collusion in the fertilizer fund mess, which was released shortly before the campaign in the 2004 national and local elections.

A Senate inquiry has found that the money was diverted to Malacanang allies for election purposes.

Sought to be indicted are Quezon City Rep. Nanette Daza, Marinduque Rep. Carmencita Reyes, former Batangas Rep. now Lipa City Mayor Oscar Gozos and former Malabon-Navotas Rep. Federico Sandoval for illegal use of public funds or technical malversation.

In a report dated 9 July 2008 but released only today (Nov. 10), they were found by the Ombudsman’s Field Investigation Office (FIO) to have misused the funds allocated them under the Ginintuang Masaganang Ani (GMA) program in 2004.

Also sought to be indicted were 10 agriculture officials, three members of the bids and awards committee in Calabarzon and five officers of a private supplier.

Former Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante, who was tagged as the chief architect of the scam, was recommended for indictment in separate findings of the FIO last 10 July 2008 and released also today.

COA report

Based on the FIO report, Daza, Sandoval and Gozos received P3 million each from the fertilizer fund while Reyes got five million.  The money was supposedly used in purchasing shredding machines and other implements.

But the Commission on Audit noted that the machines were not among the list of farm implements provided for in the GMA program. The shredding machines were all purchased from LCV Design and Fabrication Corp by the agriculture department’s Regional Field Unit IV through direct contracting, where no elaborate bidding is required as the supplier is simply asked to submit a quotation.
 
As a result, COA found out there was an overprice amounting to P2.75 million. “Moreover, when the COA inspected the equipment, it found out that eight of the 14 implements were not functioning.”

In indicting Daza, Sandoval, Gozos and Reyes, the FIO report said the questionable transactions were facilitated with their letter of endorsements to the DA’s regional executive director. “This clearly shows that the named public officials had a direct hand in the questioned transaction,” the report said.

The report also pointed to irregularities in the liquidation of the amounts paid to LVC which the House members did not properly observe. As such, “the whole procurement process was tainted with serious irregularities which could not have been done without the collusion between and among the public officials/employees and supplier concerned.”

The FIO report was submitted by graft investigation officer Eugenio Ferrer and approved for preliminary investigation by Assistant Special Prosecutor Caesar Asuncion.

Joc-joc affidavit

In a news conference, Assistant Ombudsman and spokesman Jose de Jesus Jr. said Bolante is supposed to submit his counter-affidavit today in connection to allegations that he was behind the fertilizer mess. He said the Ombudsman gave them 90 days to wrap up the preliminary investigation after which the Ombudsman will come up with a  resolution.

More than a hundred House members and local officials were tagged as beneficiaries of the fertilizer fund, whose release was timed just before the 2004 election campaign began.

Assistant Ombudman Mark Jalandoni said more people would be summoned in connection with the mess, noting that the irregularity was committed in all the regions.