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Ombudsman indicts ERC chair Ducut, ex-Rep. Ruffy Biazon, 4 others for graft


(Updated 6:45 p.m.) The Office of the Ombudsman has found probable cause to file graft, malversation, and direct bribery charges against Energy Regulatory Commission chief Zenaida Ducut and five former members of the House of Representatives.

In a press conference on Wednesday, Assistant Ombudsman Asryman Rafanan announced that Ombudsman Conchita Carpio-Morales recently signed a resolution finding probable cause to file charges against Ducut, former Reps. Rodolfo "Ruffy" Biazon (Muntinlupa), Marc Douglas Cagas IV (Davao Del Sur), Ariel Olaño (Davao Del Norte), Rodolfo Valencia (Oriental Mindoro), and Arthur Pingoy Jr (South Cotabato).

Biazon also served as Customs commissioner from Sept. 2011 to Dec. 2013. He resigned when he was linked to the pork barrel scam.

The resolution stemmed from the second batch of complaints filed by the National Bureau of Investigation (NBI) against several lawmakers in connection with their alleged misallocation of their Priority Development Assistance Fund (PDAF) or pork barrel to the fake foundations supposedly owned by alleged pork barrel scam mastermind Janet Lim-Napoles.

Napoles is also named as co-accused of Ducut and the five former lawmakers in all the cases.

Morales said the resolution is not yet executory as the respondents may still file their motions for reconsideration.

Also indicted along with Ducut and five former lawmakers, according to Rafanan, are other officials of the ERC, Department of Budget and Management, Technology Resource Center, National Agri-Business Corporation, and officials of government implementing agencies that had allegedly served as conduits for the misuse of PDAF.

Meanwhile, Ombudsman Morales said the indictment of Ducut (an administration ally) and Biazon (a member of the ruling Liberal Party) "... is an argument to the criticism that we are enforcing selective justice."

She said more cases may be filed with the Sandiganbayan in connection with the pork barrel scam soon.

‘Wheels of justice are turning’
 
Malacañang, meanwhile, welcomed the filing of charges against the six government officials, although some of them are President Benigno Aquino III’s allies.
 
“Mainam na umusad ang mga gulong ng hustisya at prosesong legal upang mabigyang katarungan ang umano’y maling paggamit ng pondo ng bayan,” Communications Secretary Herminio Coloma Jr. said in a statement shorty after the Ombudsman’s announcement.
 
He also said that the filing of charges will give the respondents a chance to clear their names.
 
“Binibigyan din ng pagkakataon ang mga dating kinatawan na ipaliwana ang kanilang panig,” the Palace official said. 
 
Biazon
 
According to the Ombudsman’s resolution, Biazon allegedly allocated P3 million-worth of his PDAF in 2007 to Philippine Social Foundation, Inc. (PSFI), a foundation allegedly owned by Napoles in exchange for P1.950 million worth of “rebates” or kickbacks.
 
The Ombudsman said Ducut acted as Biazon’s “agent” in his transactions with PSFI.
 
The Ombudsman said Biazon has chosen TRC to be the implementing agency for his PDAF-funded projects which supposedly included farm implements, livelihood materials and training. The Ombudsman said Biazon’s projects were “ghost” since “no deliveries were made” to the supposed beneficiaries.
 
Biazon was indicted for graft, malversation, and direct bribery. Named as his co-accused in the graft and malversation charges were Ducut, Napoles, PSFI president Evelyn De Leon, Budget Undersecretary Mario Relampagos and several officials of TRC.
 
Cagas
 
Cagas meanwhile faces indictment for two counts of malversation and two counts of graft for the allocation of P11 million-worth of his PDAF from 2007 to 2009 to the Napoles-linked foundations People’s Organization for Progress and Development Foundation Inc (POPDFI) and Social Development Program for Farmers Foundation Inc. (SDPFFI) in exchange for P5.5 million worth of kickbacks.
 
The Ombudsman said chosen by Cagas the implementing agencies for his projects which included distribution of farm implements such as fertilizers, seeds and sprayers were NABCOR and TRC.
 
The Ombudsman said that based on the Special Audit Report of the Commission on Audit (COA), the implementing agencies NABOR and TRC did not actually implement Cagas’ PDAF-funded projects, and that the NGOs were dubious or non-existent. 
 
The Ombudsman resolution said documents submitted by the Napoles-linked NGOs to the implementing agencies such as disbursement, progress, accomplishment, fund utilization, inspection and delivery reports “were all fabricated”.
 
The Ombudsman said Ducut also acted as Cagas’ “agent” in his transactions with the fake NGOs. The Ombudsman said payments for Cagas’ alleged kickbacks were usually picked up by Ducut at Napoles’ JLN Corporation Office in Ortigas, Pasig or were deposited by the NGOs, through fund transfers, to Ducut’s bank account.
 
Included as Cagas co-accused in the charges were Ducut, Napoles, Relampagos and several officials of NABCOR and TRC.
 
Olaño
 
Meanwhile, Olaño faces three counts each of graft and malversation and one count of direct bribery charges for the allocation of his PDAF amounting P7.970 million to the alleged fake foundations of Napoles in exchange for kickbacks worth P3.175 million.
 
“The Resolution ruled that the projects on financial assistance for farm implements, livelihood materials and training turned out to be inexistent,” the Ombudsman said in a press statement.
 
Named as co-accused of Olaño in the charges are Napoles, De Leon, Relampagos and several others.
 
Valencia
 
Valencia was indicted for three counts each of graft and malversation in connection with the alleged misallocation of his PDAF from 2007 to 2009 worth P7 million to another Napoles-linked NGO, Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI).
 
“The PDAF was anomalously used for livelihood and agricultural projects, skills training and distribution of livelihood kits. The COA Special Audit revealed that the implementing agencies, including NABCOR and TRC, did not actually implement Valencia’s PDAF-funded agricultural and livelihood projects, and that the NGOs were dubious or non-existent,” the Ombudsman said.
 
The Ombudsman said that Valencia received at least P2.4-million worth of kickbacks for the allocation of his PDAF to MAMFI in 2008.

Named as Valencia’s co-accused in the charges were Napoles, Relampagos and several officials of TRC and NABCOR.
 
Pingoy

Pingoy was indicted for two counts of direct bribery and multiple counts of malversation and graft for allegedly allocating P20.910 million of his PDAF to the Napoles-linked NGOs, Philippine Social Development Foundation, Inc. (PSDFI) and Social Development Program for Farmers Foundation, Inc. (SDPFFI).
 
The Ombudsman said that based on the COA report and the testimonies of the whistleblowers, Pinggoy, through Ducut as his agent, received kickbacks amounting to P7.055-million in exchange for the allocation of his PDAF to the supposed fake NGOs.
 
Named as Pingoy’s co-accused in the charges were Ducut, Napoles, Relampagos and several others.
 
“The Resolution ruled that the projects on financial assistance for farm implements, livelihood materials and training turned out to be ghost projects, as confirmed by the whistleblowers’ testimonies and COA audit report,” the Ombudsman said. — with Andreo Calonzo/LBG/NB, GMA News

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