THE Sandiganbayan on Monday dismissed the plunder case against former agriculture undersecretary Jocelyn Bolante in connection with the P723-million fertilizer fund scam because the Ombudsman failed to show probable cause in the 12-year-old corruption case.
Although the anti-graft court allowed Ombudsman Conchita Morales to amend the plunder case against Bolante, the court’s Second Division said even the amended charges did not show any probable cause to hold any of the accused liable.
“Just like the previous finding of this Court in the original Information that there is no probable cause to hold the accused liable for the crime of plunder, we reiterate that even the Amended Information and the judicial affidavit of Barredo did not suffice to find the existence of probable cause against any of the accused for the crime of plunder,” the court said in a 24-page ruling.
Last August, the anti-graft court ruled the Ombudsman failed to show that Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of then President Gloria Arroyo but allowed the Ombudsman to submit additional evidence.
The Ombudsman then decided to drop the charges against one of the accused, Jose Barredo Jr., who allegedly agreed to provide “vital and indispensable” testimony to the case. He was said to be one of the “runners” in the fertilizer fund scam.
Morales, however, said she will challenge the dismissal of the Bolante case if the Sandiganbayan junks her motion for reconsideration.
“But at all events, if we can make a question of law out of it or if we feel there’s a grave abuse of discretion, if and when our motion for reconsideration should be denied then we can raise it up to the Supreme Court,” she raised.
She said she will not give up on other cases filed against Bolante.
“If there’s ground to question it, why not, isn’t it? We just cannot give up just like that if we feel there is a ground for it,” she reiterated.