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Gloria Arroyo, Napoles, 20 others face plunder raps over Malampaya fund scam


(Updated 6:57 p.m.) The National Bureau of Investigation on Thursday filed plunder charges against former President Gloria Macapagal-Arroyo, trader Janet Lim-Napoles, and 20 others in connection with the alleged misuse of P900 million in royalties from the Malampaya gas fund.

Also charged were former Executive Secretary Eduardo Ermita, former Agrarian Reform Secretary Nasser Pangandaman and his Undersecretary Rafael Nieto, DAR finance officer Teresita Panlilio, former Budget Secretary Rolando Andaya and his Undersecretary Mario Relampagos.
 
Citing the testimonies of whistle-blowers, the DOJ said employees of Napoles' firm JLN Corp. forged the signatures of 97 mayors so she could get the funds that were intended to help their constituents who had suffered from cyclones Pepeng and Ondoy in 2009.

“As a result of this whole scheme of diverting the P900 million Malampaya Fund allotted to DAR to Napoles NGOs on the basis of manufactured and fake letter-requests from Mayors and MOAS (memorandum of agreement), kickbacks or commissions amounting to P337,775,000 were distributed all around to public officials,” the letter complaint read.

Pangandaman was alleged to have received P75 million in cash, Panlilio P14 million, and Nieto P6 million.

A certain Ruby Tuason was included in the complaint for having received P242.775 million for a "still unknown principal," Justice Sec. Leila de Lima told a news conference after the filing of charges.

“We believe that the former President and the former executive secretary used Executive Order 848 for the approval of requests made five days before the issuance of the Executive Order. Kaya sa tingin din po namin, sabit din po sila,” she added.
 
Under the second Executive Order, Arroyo had authorized the Budget Department to release funds from the Malampaya Gas Project for programs identified by the Palace.
 
“The release of the SARO (special allotment release order) and the NCA (notice of cash allocation) would not have been possible were it not for the hastily issued EO, which invalidly liberalized the exploitation of the Malampaya fund for purposes not contemplated by existing laws, and the latter’s approval of the request for authority of Secretary Andaya,” De Lima noted.
 
“As a result of the conspiratorial acts of DBM and DAR officials with Napoles, said conspirators pocketed the amount or total value of P900 million supposedly intended for the relief operations, rehabilitation, reconstruction and other work and services to areas affected by natural calamities,” the 39-page complaint read.

“In sum, the DAR Malampaya Fund projects intended to rehabilitate farmer-beneficiary victims of Typhoons Ondoy and Pepeng were all ghost projects with no delivery whatsoever,” the complaint read.

“The NBI recommends to the Office of the Ombudsman that the respondents… be subjected to the corresponding preliminary investigation for purposes of filing the corresponding charges before the Sandganbayan,” it added.

Aside from documentary records from the Securities and Exchange Commission and the Department of Agrarian Reform, NBI’s evidence included testimonies of former JLN employees Benhur Luy, Merlina Suñas, Gertrudes Luy, Marina Sula, and Arlene Baltazar. They were with De Lima and NBI officer-in-charge Medardo De Lemos during the filing.

Also included in the complaint were Candaba Mayor Rene Maglangue, Angelita Cacanta, Nilda Baui, Ronald Venacio, and Dominador Sison, Jr.
 
Arroyo reaction
 
Arroyo’s chief of staff, Atty. Raul Lambino, maintained that the former President utilized the Malampaya funds properly during her term.
 
“As far as the former President is concerned, the twenty-plus billion Malampaya funds were authorized pursuant to the purposes and policies mandated by the provisions of PD (Presidential Decree) 910,” he told GMA News Online in a text message. 
 
Lambino was referring to the Marcos-era order containing guidelines for the disbursement of the Malampaya funds, which are strictly intended for energy-related projects.
 
He added that the Arroyo camp would wait for the action of the Ombudsman before determining their next move.

Also reached for comment, Pangandaman’s counsel Leonardo Pastrana told GMA News Online: “Sorry I am unable to give any comment at this point. We have yet to receive a copy of the complaint-affidavit. But we will certainly address the complaint.”

Napoles NGOs

The Napoles-linked NGO presidents and employees included in the plunder complaint were:
 
  • Evelyn De Leon
  • Jesus Castillo of Dalangpan Sang Amon Utod Kag Kasimanwa Foundation
  • Lilian Espanol of Saganang Buhay sa Atin Foundation
  • Genevieve Uy of Kasaganahan para sa Magsasaka Foundation
  • Ronald John Lim of Ginintuang Alay sa Magsasaka Foundation
  • Eulogio Rodriguez of Gintong Pangkabuhayan Foundation
  • Lorna Ramirez of Masaganang Buhay Foundation
  • Ronald Francisco Lim of Micro Agri Business Citizens Initiative
  • Simplicio Gumafelix of Karangyaan para sa Magbubukid Foundation
  • John Raymond de Asis of Kaupdanan para sa Mangunguma Foundation

Napoles was previously charged with plunder for the alleged P10-billion "pork barrel" scam, in which her fake NGOs supposedly funneled Priority Development Assistance Fund (or pork barrel) allocations of some lawmakers to ghost projects.

She is currently detained at Fort Sto. Domingo in Sta. Rosa, Laguna, for a separate serious illegal detention case.

This is the third plunder complaint against Napoles filed before the Ombudsman.

Several lawmakers were charged with plunder in the first complaint against her, also filed by the NBI.

The second plunder complaint came from a militant group tagging Napoles, President Benigno  Aquino, and Agriculture Secretary Proceso Alcala as respondents.

Malampaya is a natural gas field located in the West Philippine Sea, off northwest Palawan. The project is spearheaded by the Department of Energy and operated by Shell Philippines Exploration B.V. (SPEX), with joint-venture partners Chevron Malampaya LLC and PNOC Exploration Corporation.

Natural gas from Malampaya currently feeds three power plants with a combined capacity of 2,700 megawatts, equivalent to 40 percent of Luzon’s power generation requirements. — With reports from Xianne Arcangel, Patricia Denise Chiu & Amita Legaspi/LBG/YA/KBK, GMA News