The Office of the President’s (OP) decision that cleared former Agriculture and Sugar Regulatory Administration (SRA) officials in connection to the supposed illegal issuance of Sugar Order No. 4 will in no way affect the Senate Blue Ribbon Committee Report on the matter, Sen. Francis Tolentino said on Thursday, January 5.

“The clearance given by the OP Undersecretary for Legal Affairs does not affect the 97-page Senate Blue Ribbon Committee Report which was adopted unanimously by the Upper Chamber, in aid of legislation, and following several full-blown public hearings conducted,” said Tolentino, chairman of the Senate blue ribbon panel.

Tolentino said the internal investigation of the Office of the President, the Senate’s investigation “and any Ombudsman investigation, are independent proceedings.”

“Neither would the result in any, terminate or conclude the other/s and criminal liability is only totally extinguised under Article 89 of the Revised Penal Code, which does not include dismissal of an administrative case,” the senator further said.

Tolentino made the statement after the OP released its decision, dated Dec. 29, 2022, absolving the liabilities of former Agriculture undersecretary Leocadio S. Sebastian, former SRA board members Hermenigildo Serafica, Rolan Beltran and Aurelio Gerardo Valderrama Jr. stating that the issuance of the controversial SO No. 4 was done “in good faith.”

“From the totality of the evidence, this Office finds that the issuance of SO No. 4 was done in good faith absent any showing that the respondents were aware of their lack of authority,” the OP decision read.

The OP decision also cited “miscommunication” as the respondents thought they were authorized to release the order by then Executive Secretary Vic Rodriguez.

The Senate panel, in its committee report, asked the Office of the Ombudsman to file graft charges against the four, for supposedly violating Republic Act No. 10845 or the anti-agricultural smuggling law, corruption and usurpation of authority.

The SO No. 4 would have paved the way for the importation of 300,000 metric tons of sugar into the country, but was apparently done without clear authorization from President Ferdinand “Bongbong” Marcos Jr.

While respecting the OP’s decision, Tolentino said an internal motu propio administrative investigation report made by a separate branch of the government is different from a Blue Ribbon Committee Report which was made pursuant to the rules of a co-equal branch of the government.

“In fact, the Supreme Court in People v Paredes (2007) , reaffirming Tan v Comelec (1994) is clear: ‘The dismissal of an administrative case does not necessarily bar (prevent) the filing of a criminal prosecution for the same or similar acts which were the subject of the administrative complaint’,” the lawmaker stressed.

For his part, Senate Minority Leader Aquilino “Koko” Pimentel III, welcomed Malacañang’s decision absolving the four former officials.

Pimentel also said the OP’s findings on the issue also reflects the Senate minority bloc’s findings and sentiment on the issue.

“We are in agreement. Good that the OP doesn’t mind being on the same side as the Senate minority.Good, too, that the OP is being ‘really objective’ in this case,” Pimentel said.

The Senate minority chief, likewise, said the OP’s decision will give Sebastian and the three other officials a chance to clear their name after the fiasco.

“I am glad for the four affected personalities. This development will at least give them and their families a chance to repair their image and reputation,” he said.