THE Senate Blue Ribbon Committee is recommending the filing of criminal charges against former Agriculture Undersecretary Leocadio Sebastian and three former officials of the Sugar Regulatory Administration in connection with the importation of 300,000 metric tons of sugar which President Marcos Jr. has rejected.
The recommendation is contained in a committee report that was released after three hearings on the issuance of Sugar Order No. 4.
Aside from Sebastian, also included in the recommendation to file criminal charges were former SRA administrator Hermenegildo Serafica, and former SRA board members Roland Beltran and Aurelio Valderrama Jr.
The committee found them liable for: one count of violation of Section 3A of RA 3019 or the Anti-Graft and Corrupt Practices Act (persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense);
One count of violation of Section 3E of RA 3019 (causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions);
One count of violation of the provision of RA 10845 (Anti-Agricultural Smuggling Act of 2016);
One count of usurpation functions as defined and penalized under Article 177 of the Revised Penal Code.
The committee also found the four liable for administrative offenses such as grave misconduct, gross neglect of duty, conduct prejudicial to the best interest of the service, and gross insubordination under the Revised Rules on Administrative Case.
The panel said a copy of the report will be furnished the Department of Justice, the Commission on Audit, and the Office of the Ombudsman “for their information and appropriate action.”
Likewise, the committee asked the Bureau of Immigration to include the four in its immigration lookout bulletin order.
RODRIGUEZ CLEARED
Senate Blue Ribbon committee chairman Sen. Francis Tolentino cleared Executive Secretary Vic Rodriguez of any wrongdoing in the issuance of SO4.
“From the evidence found, on the basis of the testimony, no sufficient evidence to counter his testimony. There is such an offense for simple neglect of duty. Even in that circumstance hindi nag-qualify (he did not qualify),” Tolentino said in a chance interview.
Tolentino said the committee report will be debated on in the plenary on Monday.
He said the four were found criminally and administrative liable when they went beyond their mandated functions when they crafted the sugar order without consultation with other board members, which led to its eventual release but was later declared illegal by Malacañang.
“They went beyond of what was expected of them, bordering usurpation…That (SO4) was subject to approval, probation iyong ganoon (that should have been probationary). They have to act as a board” Tolentino said.
Also, Tolentino said Sebastian did not act in good faith when he issued SO4. Sebastian, during the hearings, said he acted in good faith as he had been given authority to sign issuances for the agriculture department based on a memorandum issued by Rodriguez dated July 15, 2022.
MINORITY STAND
Senate minority leader Aquilino “Koko” Pimentel said he did not sign the committee report as the two-man minority bloc was not satisfied with the panel’s findings and recommendations.
For one, Pimentel said, the panel should have been “forgiving” with Sebastian, Serafica, Valderrama, and Beltran since they were seeking approval of the sugar importation order but Malacañang did not reply.
Rodriguez earlier said he “purposely” did not answer Sebastian’s query on the status of the draft importation order because President Marcos has not yet decided on the matter.
Pimentel said: “Basic facts. There were people persistently asking for approval, decision, feedback and their request for information or advise or decision but were purposedly not replied to. You want them to go to jail? Mas forgiving ako ngayon (I am presently more forgiving).”
Pimentel said the minority bloc will “express our opinion” in a form of a “minority committee report” for purposes of having their opinion on record. Tolentino said it will also be tackled in the plenary next week.
Pimentel would not disclose the contents of their committee report but hinted that it will contain matters concerning Rodriguez.
Senate deputy minority leader Risa Hontiveros said the four men recommended for charges are merely fall guys.
“With due respect to the chair (Tolentino), tila may ginawang (it seems they have been made) fall guys. Of course, the President can retract orders and override policy, but I believe Usec. Sebastian, when he says he was of good faith belief that the importation not only was necessary, it had the support of the Chief Executive,” Hontiveros said.
Tolentino said he respects Hontiveros’ opinion.
Hontiveros said the panel should have not “thrown everything but the kitchen sink on Usec. Sebastian.”
She said Sebastian acted based on matters of urgency with regard to the looming sugar problem, but government officials may now shy away from performing their tasks for fear of suffering the same fate of Sebastian.
