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Sandiganbayan asked to include Abad as co-accused in pork barrel scam trial
By ELIZABETH MARCELO, GMA News
(Updated 4:25 p.m.) A lawyer of one of the accused in the pork barrel scam trial at the Sandiganbayan has asked the anti-graft court to order the inclusion of Budget Secretary Florencio “Butch” Abad as a “primary accused” in the plunder and graft cases versus Senator Juan Ponce Enrile.
In an eight-page motion filed before the Sandiganbayan Third Division, lawyer Bonifacio Alentajan asked the court that Abad be included as the principal accused in plunder and graft cases of Senate Minority Leader Juan Ponce Enrile pending at Third Division.
“It appears clearly from the preceding accusatorial allegations that Department of Budget and Management (DBM) Secretary Florencio B. Abad, an alter ego of President Benigno C. Aquino III, is the most guilty among perpetrators of the case plunder, graft, and corrupt practices,” Alentajan said in his motion.
Alentajan is the lawyer of former Technology Resource Center (TRC) head Antonio Ortiz, who is facing graft charges as Enrile's co-accused of in connection with the pork barrel scam.
Ortiz remains at large.
In his motion, Alentajan said that based on the “letter of transmittal” that the Department of Justice (DOJ) submitted before the Office of the Ombudsman in September 2013, it was established that the DBM has a considerable role in the alleged scam and that Abad, as the head of the DBM, must be held accountable.
“The direct participation of and indispensable cooperation of issuing the SARO (Special Allotment Release Order) and Notice of Cash Allocation by DBM Secretary Abad, are the proximate causes and determining factors for the said criminal offense,” Alentajan’s motion read.
Alentajan said that based on the DOJ’s own elaboration of the “modus operandi” of the pork barrel scam, businesswoman Janet Lim-Napoles, the alleged brains of the pork anomaly, would not give a lawmaker his or her supposed commissions, unless the DBM has issued a Notice of Cash Allowance and SARO, for each project that will be funded by a lawmaker’s Priority Development Assistance Fund (PDAF) also referred as pork barrel funds.
Based on the probe done by the DOJ and its attached agency National Bureau of Investigation (NBI), several lawmakers received millions of pesos in kickbacks or commissions from Napoles by allocating their PDAF to her alleged fake bogus foundations.
Alentajan slammed the DOJ and the Ombudsman for the exclusion of Abad as a respondent in the pork barrel-related cases filed before the Sandiganbayan against several lawmakers and government officials in June last year.
“The preceding notwithstanding, Secretary of the Department of Budget and Management Florencio B. Abad was prematurely excluded as respondent/accused. This is grossly unlawful and felonious because DBM Secretary Florencio B. Abad appears to be the most guilty among the perpetrators of the charges,” Alentajan said.
Alentajan said DBM Undersecretary Mario Relampagos and staff Rosario Nuñez, Lalaine Paule and Marilou Barre were all included as co-accused in all the pork barrel cases at the Sandiganbayan, even if they had no approving power and had “just performed their duties upon the orders of Secretary Abad”.
“His unjust exclusion as the principal accused granted him unwarranted benefits and advantage due to the manifest partiality, evident bad faith and gross inexcusable negligence by Justice Secretary Leila M. De Lima and Ombudsman Conchita Carpio Morales,” Alentajan said.
“Wherefore, premises considered, it is most respectfully prayed that the Panel of Prosecutors of the Ombudsman be ordered to amend the subject information and implead Department of Budget and Management Secretary Florencio B. Abad as the principal accused in the said criminal cases…after conducting required preliminary investigation,” he added.
GMA News Online is trying to get the reactions of De Lima and Morales as of posting time.
Late last month, Alentajan also filed plunder, graft and usurpation of legislative power and authority charges against Abad before the Ombudsman in connection with the implementation of the administration’s Disbursement Acceleration Program (DAP) which has been declared partly unconstitutional by the Supreme Court. — with Xianne Arcangel and Andreo Calonzo/NB/ALG, GMA News
In an eight-page motion filed before the Sandiganbayan Third Division, lawyer Bonifacio Alentajan asked the court that Abad be included as the principal accused in plunder and graft cases of Senate Minority Leader Juan Ponce Enrile pending at Third Division.
“It appears clearly from the preceding accusatorial allegations that Department of Budget and Management (DBM) Secretary Florencio B. Abad, an alter ego of President Benigno C. Aquino III, is the most guilty among perpetrators of the case plunder, graft, and corrupt practices,” Alentajan said in his motion.
Alentajan is the lawyer of former Technology Resource Center (TRC) head Antonio Ortiz, who is facing graft charges as Enrile's co-accused of in connection with the pork barrel scam.
Ortiz remains at large.
In his motion, Alentajan said that based on the “letter of transmittal” that the Department of Justice (DOJ) submitted before the Office of the Ombudsman in September 2013, it was established that the DBM has a considerable role in the alleged scam and that Abad, as the head of the DBM, must be held accountable.
“The direct participation of and indispensable cooperation of issuing the SARO (Special Allotment Release Order) and Notice of Cash Allocation by DBM Secretary Abad, are the proximate causes and determining factors for the said criminal offense,” Alentajan’s motion read.
Alentajan said that based on the DOJ’s own elaboration of the “modus operandi” of the pork barrel scam, businesswoman Janet Lim-Napoles, the alleged brains of the pork anomaly, would not give a lawmaker his or her supposed commissions, unless the DBM has issued a Notice of Cash Allowance and SARO, for each project that will be funded by a lawmaker’s Priority Development Assistance Fund (PDAF) also referred as pork barrel funds.
Based on the probe done by the DOJ and its attached agency National Bureau of Investigation (NBI), several lawmakers received millions of pesos in kickbacks or commissions from Napoles by allocating their PDAF to her alleged fake bogus foundations.
Alentajan slammed the DOJ and the Ombudsman for the exclusion of Abad as a respondent in the pork barrel-related cases filed before the Sandiganbayan against several lawmakers and government officials in June last year.
“The preceding notwithstanding, Secretary of the Department of Budget and Management Florencio B. Abad was prematurely excluded as respondent/accused. This is grossly unlawful and felonious because DBM Secretary Florencio B. Abad appears to be the most guilty among the perpetrators of the charges,” Alentajan said.
Alentajan said DBM Undersecretary Mario Relampagos and staff Rosario Nuñez, Lalaine Paule and Marilou Barre were all included as co-accused in all the pork barrel cases at the Sandiganbayan, even if they had no approving power and had “just performed their duties upon the orders of Secretary Abad”.
“His unjust exclusion as the principal accused granted him unwarranted benefits and advantage due to the manifest partiality, evident bad faith and gross inexcusable negligence by Justice Secretary Leila M. De Lima and Ombudsman Conchita Carpio Morales,” Alentajan said.
“Wherefore, premises considered, it is most respectfully prayed that the Panel of Prosecutors of the Ombudsman be ordered to amend the subject information and implead Department of Budget and Management Secretary Florencio B. Abad as the principal accused in the said criminal cases…after conducting required preliminary investigation,” he added.
Sought for comment, Abad said his lawyers will respond to the charges.
“He (Alentajan) can do whatever he wants to do. We have our lawyers to take care of it,” he told reporters at the sidelines of the budget briefing of the Development Budget Coordination Committee at the House of Representatives.
While Alentajan is free to file a case against him, Abad said he is doubtful whether the charges will stand in court.
“It’s easy to accuse and file cases but at the end of the day, you ought to be able to substantiate those charges. I don’t think he (Alentajan) will be able to do that,” he said.
Abad also questioned the legal procedure taken by Alentajan to make him a respondent in the "pork barrel" cases.
"Atty. Alentajan should go back to law school. In criminal cases, you just don't file a Motion to Implead, you file a Complaint before the Ombudsman first," Abad said in a text message.
The Third Division has set the hearing of Alentajan’s motion on August 27 at 1:30 p.m.
The Third Division has set the hearing of Alentajan’s motion on August 27 at 1:30 p.m.
GMA News Online is trying to get the reactions of De Lima and Morales as of posting time.
Late last month, Alentajan also filed plunder, graft and usurpation of legislative power and authority charges against Abad before the Ombudsman in connection with the implementation of the administration’s Disbursement Acceleration Program (DAP) which has been declared partly unconstitutional by the Supreme Court. — with Xianne Arcangel and Andreo Calonzo/NB/ALG, GMA News
Tags: porkbarrelscam
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