CRIMINAL charges were filed yesterday against former Ombudsman Merceditas Gutierrez before the Department of Justice for her alleged inaction on the P728-million fertilizer fund scam.

The National Union of People’s Lawyers and peasant groups led by Anakpawis filed graft, obstruction of justice and perjury cases against Gutierrez.

Aside from Anakpawis, the farmers’ groups include Kilusang Magbubukid ng Pilipinas, Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas, AMIHAN, Unyon ng Manggagawa sa Agrikultura, Kalipunan ng mga Samahang Magbubukid sa Timog Katagalugan and Alyansa ng mga Magbubukid sa Gitnang Luzon.

They claimed that despite the findings and recommendations of Task Force Abono, which ironically was formed by Gutierrez to investigate the scam, she failed to take action.

“It was only before Gutierrez resigned last April 29 that she recommended the filing of charges against those who were responsible for the malversation of the said fund which has been criticized as deliberately ill-prepared and designed to fail,” the NUPL said in a statement.

According to the lawyers group, Task Force Abono recommended the filing of charges for purposes of preliminary investigation against Jocelyn “Jocjoc” Bolante, lawmakers Nanette Daza, Federico Sandoval II, Oscar Gozos, Gov. Carmencita Reyes, among others.

“From the start, resigned Ombudsman Gutierrez was determined to demolish all investigations into the fertilizer fund scam that would lead to the portals of Malacañang and would pinpoint the Arroyo mafia as the principal syndicate behind the P728-million fund scam. Imagine 40 reports summarily massacred in the name of GMA. That’s puppetry to GMA in the highest order,” the Kilusang Magbubukid ng Pilipinas said in a statement.

They said it took the Ombudsman under Gutierrez five years to act on the result of the preliminary investigation into their complaint against Mrs. Arroyo and her former officials implicated in the controversy which “constitutes inordinate delay in the administration of justice.”   

Anakpawis Rep. Rafael Mariano said that Gutierrez, is as guilty as the mastermind of the fertilizer scam of the graft charges since she protected those involved during her stint as Ombudsman.

“Gutierrez served as the main protector of the mastermind behind the plunder of the P728 million fertilizer funds in 2004,” Mariano said.

“As a willing accomplice in the plunder of farmers’ funds, Gutierrez must be held criminally liable,” he added.               With Jester P. Manalastas