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PORK BARREL SCAM

Ex-Davao Sur’s Cagas, ex-ERC chair Ducut charged with graft, malversation


Former Davao del Sur Rep. Marc Douglas Cagas IV and former Energy Regulatory Commission (ERC) chairperson Zenaida Ducut together with 23 other individuals were charged with graft and malversation of public funds in connection with their alleged involvement in the pork barrel scam.

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

Named as Cagas’ co-accused in both cases were Ducut and the following 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
  • 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
  • National Agribusiness Corporation (NABCOR) former president Alan Javellana
  • NABCOR former employees Victor Roman Cacal, Romulo Relevo, Maria Ninez-Guañizo, Ma. Julie Villaralvo-Johnson and Rhodora Mendoza



Also named as co-accused in graft and malversation charges were the alleged pork barrel scam mastermind, businesswoman Janet Lim-Napoles, her driver and bodyguard John Raymond De Asis and five other private individuals namely: Jesus Castillo, Margarita Guadinez, Ireneo Pirater, Jocelyn Deiparine and Noel Macha.

Based on the information of the cases, Cagas allocated a total of P7.550 million of his Priority Development Assistance Fund (PDAF) or pork barrel for 2008 to two of the alleged fake non-government organizations (NGOs) allegedly owned by Napoles.

The OSP said the first allocation was made in January 2008 involving P2.7 million worth of Cagas’ PDAF supposedly for agricultural production packages for the farmers in the First District of Davao Del Sur.

The fund was allegedly disbursed to the NGO People’s Organization for Progress and Development Foundation Inc (POPDFI) through a Special Allotment Release Order (SARO) and disbursement voucher (DV) processed and facilitated by the accused DBM and TRC officials.

Meanwhile, the second allocation involving P4.850 million of Cagas’ PDAF was allegedly made in May 2008 to Social Development Program for Farmers Foundation Inc. (SDPFFI). The fund, which was also for supposed agricultural packages, was allegedly released to SDPFFI through SARO and DV processed and facilitated by DBM and NABCOR.

The OSP alleged that it was Cagas who personally chose POPDFI and SDPFFI to implement his PDAF-funded projects without the benefit of a public bidding required under the Republic Act 9184 or the Government Procurement Act.

The OSP further said both POPDFI and SDPFFI were “unaccredited and unqualified”’ to undertake the supposed agricultural projects, which turned out to be “non-existent and were never implemented.”

The OSP alleged that Cagas allocated portions of his PDAF to the two NGOs in exchange for kickbacks from Napoles.

The OSP said it was Ducut as the agent of Cagas who received the alleged kickbacks on the latter’s behalf.

The charge sheets, however, did not indicate the total amount of kickbacks allegedly received by the former lawmaker through Ducut.

As for Napoles and the other private respondents, the OSP said they “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 transactions.”

It was early last month when the Ombudsman affirmed its previous ruling finding probable cause to file charges against Cagas, Ducut and four other former lawmakers in connection with their alleged involvement in the pork barrel scam.

Aside from Cagas and Ducut, also ordered charged before the Sandiganbayan were former congressmen Ruffy Biazon (Muntinlupa), Arrel Olaño (Davao Del Norte), Arthur Pingoy Jr. (South Cotabato) and Rodolfo Valencia (Oriental Mindoro).

Charges of graft and malversation were formally filed by the OSP against Valencia on Monday. —KG, GMA News

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