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Ex-Oriental Mindoro rep, 16 others charged with graft, malversation over Napoles scam


The Office of the Ombudsman has formally filed graft and malversation charges against former Oriental Mindoro Representative Rodolfo Valencia and 16 other individuals over their alleged involvement in the multibillion-peso pork barrel scam involving Janet Napoles.

In separate charge sheets filed before the Sandiganbayan on Friday, the Ombudsman’s Office of the Special Prosecutor (OSP) charged Valencia with three counts each of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and malversation of public funds as defined under Article 217 of the Revised Penal Code (RPC).

Copies of the charge sheets were only released to media on Tuesday.

Named as Valencia’s co-accused for both cases were former officials:

  • Technology Resource Center (TRC) former director general Antonio Ortiz
  • TRC former deputy director general Dennis Cunanan
  • TRC former group managers Maria Rosalinda Lacsamana and Francisco Figura
  • TRC former budget officer Consuelo Lilian Espiritu
  • TRC former chief accountant Marivic Jover
  • National Agribusiness Corporation (NABCOR) former president Alan Javellana
  • NABCOR former employees Victor Roman Cacal, Maria Ninez-Guañizo and Rhodora Mendoza
  • Department of Budget and Management (DBM) former undersecretary Mario Relampagos
  • DBM former budget and management specialist Rosario Nuñez
  • DBM former administrative assistants Marilou Bare and Lalaine Paule.

Also named co-accused in graft and malversation charges were alleged pork barrel scam mastermind Napoles and another private individual Celia Cuasay.

Based on information on the cases, Valencia had allocated a total of P6.51 million of his Priority Development Assistance Fund (PDAF) or pork barrel to Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI), one of the fake non-government organizations (NGOs) allegedly owned by Napoles, from January 2008 to June 2009.

The OSP said Valencia unilaterally chose MAMFI to implement his supposed PDAF-funded livelihood projects for the First District of Oriental Mindoro allegedly without the benefit of a public bidding required under the Republic Act 9184 or the Government Procurement Act.

The OSP further said that MAMFI was unaccredited and unqualified to undertake the supposed livelihood projects, which turned out to be non-existent and never implemented.

The OSP said that the accused DBM, NABCOR and TRC officials conspired in the processing and issuance of Special Allotment Release Orders (SAROs) and disbursement vouchers that paved way for the release of the P6.51-million PDAF of Valencia to MAMFI. 

“By their above acts, Valencia and the other accused public officials allowed Napoles and themselves, through MAMFI, to take possession and thus misappropriate PDAF-drawn public funds, instead of implementing the PDAF-funded projects, which turned out to be non-existent,” the charge sheet read.

The OSP said Valencia, through Cuasay received from Napoles “kickbacks or commissions” for the allocation of his PDAF to MAMFI. However, the amount of kickbacks allegedly received by Valencia, was not indicated in the charge sheet.

Napoles role

As for Napoles, the OSP said the businesswoman “participated in the preparation and signing of the acceptance and delivery reports, disbursement reports, project proposals and other liquidation documents to conceal the fictitious nature of the transaction” between MAMFI and Valencia.

The Ombudsman had affirmed last month its previous ruling finding probable cause to file charges against Valencia and five other former lawmakers  in connection with their alleged involvement in the pork barrel scam.

Aside from Valencia, also ordered to be charged before the Sandiganbayan were former congressmen Zenaida Ducut (Pampanga) Ruffy Biazon (Muntinlupa), Marc Douglas Cagas IV (Davao Del Sur), Arrel Olaño (Davao Del Norte) and Arthur Pingoy Jr. (South Cotabato).

Only Valencia has so far been charged before the anti-graft court.

Valencia has earlier been convicted of graft by the Sandiganbayan Fourth Division in connection with the alleged anomalous awarding of P2.5-million loan agreement to a private individual in 1994.The Fourth Division’s ruling is currently under appeal before Supreme Court. —JST, GMA News

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