Kurakot, kurakot

I have recently been reading a lot of case studies and been doing a lot of research work (duh, I'm a CommRes major) so I might as well apply what I'm learning.

The P728 Fertilizer Fund case has been dismissed - forgotten, even. And despite of all the facts that have been disclosed, it seems impunity still lingers and cripples our society.

The issue of corruption in the Philippines is gaining more attention and it appears that it is not just a problem of perception but a reality. These days the people witness what mayhem natural disasters could actually destroy the country. Corruption, in comparison, is a continuing manmade catastrophe that is weakening and destroying the nation. The cases of corruption are increasing not just in number but in the amount of money involved. The figures in the big cases now run into hundreds of millions and even billions. The Fertilizer Fund Scam, one of the largest scams in recent Philippine history, has exposed one of the most organized crimes in the administration which has greatly evolved in ugly forms and distressing amounts.
The Senate committees on Agriculture and Food, and Accountability of Public Officers and Investigations (Blue Ribbon Committee) conducted a series of public hearings on a fertilizer fund scam in March 2006 and concluded that agricultural funds anticipated for farmers were diverted by Department of Agriculture (DA) Undersecretary Jocelyn “Joc-joc” Bolante for the 2004 electoral campaign of President Gloria Arroyo.

After numerous hearings and discussions, the Blue Ribbon Committee led by Senator Richard Gordon, issued Committee Report No. 54 last February 26, 2009. Among many of their findings, they discovered that massive corruption accompanied the distribution of fertilizers all over the country. Commissions were offered to some, demanded by, and given supposedly to, elected and appointed government officials. There were recipients who did not receive a single drop of fertilizer. The P728 million in funds supposedly used for the purchase and distribution of fertilizers to farmer beneficiaries were used instead primarily for the re-election efforts of administration candidates by the Department of Agriculture.

Mr. Jocelyn Bolante was a former undersecretary for finance at the Department of Agriculture shortly after President Gloria Macapagal-Arroyo assumed the presidency at 2001. Previously, the Senate accused President Arroyo of vote-buying by authorizing the release of P728 million funds supposedly for fertilizers to the local government officials. Despite numerous invitations to and cases issued against Bolante, he did not honor nor heed any of them. He was subjected for condemnation for his repeated audacity. He, instead, fled to the United States where he found refuge. Bolante's trip to the US was believed to be an intentional attempt to escape the command of the Senate. His flight was a clear indication of guilt according to Senator Gordon.

According to the Philippine Center for Investigative Journalism (PCIJ) report dated September 2005, the track of nearly 3 billion pesos was released by the Department of Agriculture during the presidential campaign last 2004. The investigation found that big portions of that money were diverted and distributed to congressmen, mayors and governors who were friends of the Arroyo administration. They also found out that a portion of the money mysteriously ended up in the hands of dubious private companies. According to the records of Securities and Exchange Commission (SEC), none of the companies existed. Department of Agriculture insiders, Commission on Audit (COA) investigator and farmers say that the money was directed to the Arroyo campaign and farmers did not receive any centavo of the said funds.

According to former Solicitor General Francisco Chavez, the P728 million was distributed to 105 congressmen, 53 governors, and 23 city and municipal mayors. He showed a list from the Department of Budget and Management (DBM) proving to the releases. He also revealed that some of these beneficiaries actually received cash and not farm inputs, as Department of Agriculture rules had recommended. It now appears from Commission on Audit investigations that part of the agriculture funds went to questionable foundations. In the Metro Manila and Southern Tagalog region, Commission on Audit auditors tracked the funds to groups such as the Gabaymasa Development Foundation, Magsasaka Foundation and Aaron Foundation. Records of the Securities and Exchange Commission said that Gabaymasa's purpose is "to undertake integrated rehabilitation and restoration activities in areas affected by natural and man-made calamities,” but the Department of Agriculture issued to the foundation checks worth P23.1 million, supposedly to receive farm funds in Quezon, Marinduque, Oriental and Occidental Mindoro, Palawan and Parañaque. On the contrary, Aaron Foundation is listed in the Securities and Exchange Commission as involving in livelihood projects and daycare centers for street children. It received P5.2 million, supposedly for agriculture projects in Batangas and Palawan. The Securities and Exchange Commission has no record of a Magsasaka Foundation but is listed as the recipient of P6.5 million for farm projects in Palawan. In Visayas and Mindanao, the agriculture funds went to various foundations like Ikaw at Ako Foundation (P13 million for projects in Bohol, Biliran and Agusan del Norte), Philippine Social Development Foundation (P31 million for projects in Agusan del Sur and del Norte and Surigao del Norte), Matatag na Republika Cooperative P3.2 million for Biliran) and People's Organization for Progress and Development, Inc. (P5.2 million for Agusan del Sur and Surigao del Sur).

After years of investigations, the issues concerning the fertilizer scam still has not been resolved. Joc-Joc Bolante and his colleagues remain silent and further charges have not yet been imposed.

According to Senator Richard Gordon, the Ombudsman failed to do its duty whe

n no resolution was made on this case even after more than a thousand days. In the February 2009 Executive Summary of the Blue Ribbon Committee he stated, “We denounce its (Ombudsman’s) inaction in the strongest possible terms. Instead of being part of the solution to corruption and justifying the existence of its office, it has instead become part of the problem, worsened the climate of corruption, and given cause for its abolition. By its blatant inaction and callous behaviour, it would seem as if it has been coopted by the corrupt. It seems that instead of apprehending the caravans of thieves, the Ombudsman has turned a blind eye and has allowed them to go on their merry way.”

Senator Francis Pangilinan also said that the investigation on the fertilizer scam will not end until Bolante, the suspected brains and chief implementor of the scam reveals the truth.

The P728 million involved in the fertilizer scam could have been spent in more important sectors such as the education and health instead of the presidential campaign. The fertilizers could have been given to the farmers in the regional areas rather than in the pockets of a few. The administration should have ensured that the fund will go to the rightful farmer-beneficiaries to boost the country's rice self-sufficiency, which presently stands at 90 percent according to

Senator Loren Legarda. According to the National Food Authority (NFA) last August 2005, more than 1.3 million metric tons of rice contracted by the government through the NFA have arrived the various disports in the country. The budget for rice importation could have been allocated to the rightful farmers. There would be no need for rice importation and there will be enough rice supply. The government should put priority to improve rice production in the country, instead of supporting an assortment of agricultural activities with a few millions here and a few millions there.

The Senate through its Blue Ribbon Committee diligently performed its function to investigate the fertilizer scam but the Ombudsman has been remiss in its duties. The mandate of the Ombudsman is found in Section 12 of Article XI of the Constitution: “The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof.” It is therefore puzzling why the Ombudsman has not decided on the cases regarding to the fertilizer scam which have been pending with them for more than 1,000 days. If the Ombudsman had exercised his powers aggressively, the result of the Fertilizer scam and other issues related to it

should have been released and the guilty government officials such as Bolante charged and convicted. According to the Republic Act No. 7080 [an act defining and penalizing the crime of plunder], “any public officer who accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts of at least P50 million shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. The Court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favour of the State.” (As amended by RA 7659, approved Dec. 13, 1993).

President Arroyo also claimed that she was innocent. Assuming she had no idea on the schemes of Bolante, it is puzzling why she tolerated such action. There has also been no instruction from the chief executive to advance the investigation of the Ombudsman. The administration should have taken action in making resolutions on the Fertilizer Fund Scam.

This is not the first corrupt operation that has been committed and if the authorities in the Executive Department are not careful and more prudent, more deliberate, and more careful in the release of funds, this will not be the last. This lack of monitoring by officials in the administration casts a shadow on its integrity.

It’s not surprising then that the Philippines has been rated the most corrupt Asian economy by the Political and Economic Risk Consultancy (PERC). The fertilizer scam is one clear and famous evidence of corruption during the Arroyo administration left unheeded or unpunished. Truly, if we do not put a stop to corruption, we will be fated to continuous dishonor - a reputation most unfair to our people, millions and billions of whom will be forced to find their future in foreign countries.

Hence, the outcome of the scam provides the readers not just the particular wrongs and mistakes committed by certain people. They also lead to the bigger picture of corruption and greed that is so rampant not only now, but which has been intensifying over recent years.

Sadly such corruption left unpunished has a tremendous effect on the trust and faith of the Filipino people toward its government officials. In the June 2009 Pulse Asia Survey, 46% of the Filipinos disapproved the performance of Pres. Arroyo. The fertilizer scandal has resulted to big losses of resources as opposed to the gain of wealth and power of the people in authority. Lastly, it shows us the oppressing schemes of hungry politicians having access to massive amounts of public money and using power and influence without guilt to gain more.

References:

http://www.scribd.com/doc/15330294/Senate-report-on-fertilizer-fund-scam-14th-Congress http://www.scribd.com/doc/12936112/Final-Complaint-vs-Ombudsman http://www.pcij.org/stories/2005/farmfunds.html