Tupas charged with graft, malversation in PDAF scam

Former Iloilo 5th District Rep. Niel "Junjun" Tupas has been charged with two counts of graft, one count of malversation, and another count of malversation through falsification of public documents before the Sandiganbayan in relation to the P4.8 million priority development assistance fund (PDAF) scam back in 2008.

In the charge sheets filed by Graft Investigation & Prosecution Officer III Russell Labor-Lay-At, Tupas was charged for violation of Section 3(e) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act and Article 217 of the Revised Penal Code.

Meanwhile, Tupas said in a statement that he is "surprised" about the charges filed before the Sandiganbayan.

"Upon verification, I was never notified by the Ombudsman of this particular case and hence, I was not given the opportunity to present my defense in a preliminary investigation, which if fairly appreciated I'm confident could have proven my innocence and good faith against these baseless and malicious allegations," he said.

Tupas added that he had done his best to safeguard the funds of the government by informing proper agencies and taking appropriate actions when he learned way back in 2011 that his signatures were forged "in a questionable scheme by unscrupulous agencies and personalities."

"We will file the appropriate pleadings in this particular case to protect my rights," he added.

Tupas is facing the charges along with former National Agribusiness Corporation (NABCOR) President Alan Javellana, former General Services Unit head Romulo Relevo, former accountant Ma. Julie Villaralvo-Johnson, and private individual Marilou Antonio, project coordinator of the Kabuhayan at Kalusugan Alay sa Masa Foundation Inc. (KKAMFI).

In May 2008, Tupas and his coaccused reportedly conspired with one another when they awarded P4,365,000 and P485,000 to KKAMFI in two separate Special Allotment Release Orders (SAROs), the charge sheet said.

Tupas selected the non-government organization as the "project partner" in the implementation of livelihood projects for municipalities of the 5th district of Iloilo, but he did so in disregard of the appropriation law and its implementing rules and regulations, the charge sheet said. At the same time, KKAMFI was unaccredited and unqualified to undertake the projects, it said.

As for the former NABCOR officials, they allegedly processed and approved the disbursement of Tupas' PDAF release by signing disbursement vouchers and issuing the check to KKAMFI without carefully examining and verifying the accreditation and qualification of KKAMFI, the charges sheet said.

"By their above acts, Javellana and above-named NABCOR officials allowed Antonio of KKAMFI to take possession and thus misappropriate the PDAF-drawn public funds, instead of implementing the PDAF-funded projects, which turned out to be nonexistent," the charge sheet read.

Their bail bond has been set at P300,000 each –P30,000 per graft charge, P40,000 for malversation, and P200,000 for malversation through falsification of public documents.