Ex-Caloocan solon Baby Asistio faces graft, malversation raps over PDAF 'misuse'

Former Caloocan City representative Luis "Baby" Asistio is facing multiple counts of graft and malversation charges for alleged misappropriation of his Priority Development Assistance Fund (PDAF) worth P8 million in 2006.

The Office of the Ombudsman charged Asistio with four counts of violation of the Anti-Graft and Corrupt Practices Act, two counts of malversation, and two counts of malversation through falsification of public documents for approving the disbursement of funds for health projects which turned out non-existent.

The case stemmed when Asistio continuously endorsed the non-government organization (NGO) Kalookan Assistance Council Inc. (KACI) as project partner for his PDAF-funded Comprehensive Integrated Delivery of Social Services (CIDSS) programs.

Asistio and his co-accused, former Social Welfare and Development secretary Esperanza Cabral and KACI official Cenon Mayor, agreed to transfer P8 million to the non-government organization for the procurement of medical materials.

These include various medical supplies and soldering parts, meals, chemicals for fumigation, diesel, baby oil, alcohol bottles, tarpaulins, T-shirts and kit bags for the benefit of his constituents in the Second District of Caloocan City.

Graft investigators later found that the incorporators and officers of KACI were composed of Asistio’s former political coordinators, supporters, and volunteers. The office of the NGO was also located on the same property as the former lawmaker’s office.

Furthermore, a report from the Commission on Audit revealed that the selection of KACI was non-compliant with government procurement rules.

The COA report said the suppliers and reported beneficiaries were unknown and the NGO submitted questionable documents or failed to liquidate the utilization of funds.

The Ombudsman alleged that the project's supplier, Silver A Enterprises, is bogus with no records from the local government, Department of Trade and Industry, or with the Bureau of Internal Revenue.

Ombudsman Conchita Carpio Morales said the "misappropriation of the PDAF allotted to Asistio was coursed through a scheme he conceived involving various projects and forms of assistance in his district supposed to have funded by his PDAF, which projects turned out to be non-existent or ghost."

The Ombudsman said Asistio is liable to the offense since he was the one who tapped KACI for the project, noting that the former lawmaker signed the endorsement letter to DSWD.

"Asistio himself selected KACI as his preferred NGO to implement the projects funded by his PDAF.  He signed the indorsement letter to DSWD relating to the PDAF disbursements as well as the project designs and for signing the MOAs with DSWD and KACI," the decision said.

Morales also took fault on Cabral and other DSWD officials involved in the case for their "unusual accommodation in the examination, processing and approval" of the project.

"The DSWD officers did not even bother to conduct a due diligence audit on KACI and its suppliers. Instead, they accepted the sole representation of Congressman Asistio and KACI to undertake the projects in contravention of existing procurement laws and regulations.  Further, they processed the release of Congressman Asistio’s PDAF to KACI on the sole basis of the endorsement letter and project design,” she said.

The Ombudsman said all documents submitted to her office by the respondents were considered "spurious" since these "show project implementation where there was none and the participation of persons who did not participate in said projects.” —ALG, GMA News