Gringo, TESDA head in 3rd PDAF cases

The National Bureau of Investigation (NBI) yesterday filed criminal charges against the third batch of incumbent and former lawmakers led by Sen. Gregorio Honasan for alleged involvement in the pork barrel fund scam.

Also named respondents were former CIBAC party-list representative and now Technical Education and Skills Development Authority (TESDA) director general Joel Villanueva, Cagayan de Oro Rep. Rufus Rodriguez, Manila Rep. Amado Bagatsing, La Union Rep. Victor Ortega and Abono party-list

Rep. Conrado Estrella III, former La Union representative and now Gov. Manuel Ortega, former Abono partylist representative Robert Raymundo Estrella and former Zamboanga del Sur representative Isidro Real Jr.

The NBI filed charges of graft, malversation of public funds and direct bribery against the respondents, including businesswoman Janet Lim-Napoles, before the Office of the Ombudsman.

In separate complaints, the NBI sought the indictment of nine incumbent and former lawmakers, Napoles and 30 others for malversation, direct bribery and graft and violations of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for allegedly pocketing varying amounts from the Priority Development Assistance Fund (PDAF).

“The above lawmakers used their PDAF in illegal transactions with Janet Lim-Napoles’ NGOs (non-government organizations) to enable themselves to profit from the simulated disbursement and utilization of their PDAF,” the NBI alleged in its complaint.

The NBI also filed the same charges against the representatives of the lawmakers, other officials of implementing agencies – Technology Resource Center (TRC), National Livelihood Development Corp. (NLDC) and National Agribusiness Corp. (NABCOR) – and presidents of bogus NGOs of Napoles.

Among them were TRC director general Dennis Cunanan and former NABCOR president Alan Javellana, who were both already indicted before the Sandiganbayan in the first two batches of PDAF cases.

The NBI said the probe showed Villanueva allegedly received P2.330 million in kickbacks from the scam; Honasan P1.750 million; Bagatsing P600,000; Governor Ortega P14.350 million and Rep. Ortega P9.587 million; Real P3.250 million; Rodriguez P2.099 million.

Estrella brothers Conrado and Robert bagged the highest kickbacks in the list for allegedly amassing P45.030 million and P22.675 million, respectively.

The NBI was already set to file the charges early last year, but the filing with the ombudsman’s office was delayed several times.

Ombudsman Conchita Carpio-Morales, through her investigators, is expected to evaluate the charges and determine if further fact-finding will be conducted or if a preliminary investigation will now begin to determine whether there is probable cause to indict the respondents before the Sandiganbayan.

A separate case

Hours after the NBI filed the charges, the ombudsman announced that its own probers have found sufficient evidence to proceed with its investigation against Villanueva for his alleged involvement in the pork barrel fund scam.

The anti- graft agency said the fact-finding probe against Villanueva, former agriculture secretary Arthur Yap and nine others in connection with the anomalous utilization of the PDAF amounting to P10 million in 2008 has ripened into a full-blown preliminary investigation.

Villanueva and Yap are facing investigation for charges involving graft, malversation, falsification of public documents and administrative charges for grave misconduct and conduct prejudicial to the best interest of the service.

The Office of the Ombudsman revealed how its Field Investigation Office (FIO) investigators obtained documents showing that on June 10, 2008, the Department of Budget and Management issued two Special Allotment Release Orders totaling P10 million as part of Villanueva’s PDAF to finance an agriculture-based livelihood project for the distribution of pechay, radish, sitaw, okra and yellow corn seedlings, liquid fertilizers and post-harvest facility equipment like a thresher in Compostela Valley.

Two days later, Villanueva allegedly wrote Yap requesting the transfer of funds to NABCOR as the implementing agency.

On June 19, 2008, a Memorandum of Agreement (MOA) was entered into by the DA and NABCOR for the project implementation, followed by another agreement between NABCOR and Aaron Foundation Philippines Inc. (AFPI) with the latter as project implementer.

The FIO also found that NABCOR was not identified as an implementing agency authorized to implement PDAF projects and that AFPI, having a capital stock contribution of only P68,000, had no capacity to implement the project.

The FIO also found the MOA did not include technical information such as project name, intended beneficiaries, benefits, project description, site location and time schedules for project monitoring.

Based on a report of the Commission on Audit (COA), the Office of the Ombudsman said the supplier of the farm inputs and farm implement is not a licensed fertilizer distributor and has no existing business name registration. Neither could investigators locate the supplier in its given address in Malabon City.

On-site field validation also discovered that not a single individual in the list of beneficiaries was identified as a bona fide resident of the province.

Local officials said no agri-based livelihood project was implemented and neither was there any distribution of seedlings, liquid fertilizers or threshers.

Also included in the probe are representatives of NABCOR and AFPI identified as Allan Javellana, Rhodora Mendoza, Charie Sarah Saquing, Romulo Relevo, Maria Ninez Guañizo, Ma. Julie Villaralvo-Johnson, Delia Ladera, Ronald Samonte and Alfredo Ronquillo.

‘Bad timing’

Villanueva, who happened to be at the Office of the Ombudsman to attend to a case filed against former TESDA officials, said he was surprised and disappointed.

“I feel bad because of the timing,” he said.

He denied the accusations that he was involved in the pork barrel fund scam of Napoles, claiming his supposed signatures in documents linking him to the scam were forged.

“I can defend my case even in Plaza Miranda because I did not steal any money from government coffers,” he said.

Honasan was not available for comment because he was out of town, according to his staff.

However, back in July 2013 when he was first implicated in the scam, Honasan issued his only statement regarding the issue through his Twitter account.

“All records regarding use of development funds being managed by my office are subject to accounting and auditing procedures according to law,” Honasan said.

“Any allegations, insinuations of irregularity must be backed up by evidence in the proper courts of law subject to due process and not politically motivated, suspicious or malicious trial by publicity,” he added.

Estrella, for his part, issued a statement denying that he had anything to do with the misuse of his PDAF.

“The DOJ’s decision to recommend the filing of charges against us before the Office of the Ombudsman is apparently a knee-jerk reaction to opposition’s generated criticism that the DOJ is delaying the PDAF scam cases when, in fact, there is no solid evidence against us,” Estrella said.

“Clearly, there is lack of due process here because when the whistleblowers were called to get their statements, we were never given a chance to air our side and to dispute their allegation against us. Definitely, there is injustice here,” he added.

“I can’t understand why there is still a need for the DOJ to investigate when the ombudsman has already conducted its investigation,” Estrella complained.

Bagatsing, for his part, questioned his inclusion in the charge sheet and vowed to take legal action.

Bagatsing said he filed perjury charges against his accusers in August last year, and Napoles made a public apology and retracted her statement.

“How could there be a case when there is no accuser? I’m really perplexed,” Bagatsing said.

“I think I was the only one who filed a perjury complaint against her ( Napoles) because my conscience is clean. My name must have been included because of politics, but still I don’t know what for. Maybe it’s convenient,” the Manila lawmaker said.

Rodriguez claimed the DOJ violated his rights when it decided to file charges against them in connection with the use of their pork barrel funds.

“There was no due process. I was not called to any investigation or hearing. I was not informed of the charges and the evidence. I was not given the opportunity to confront witnesses, if there is any. I was not given the chance to present my side and my evidence,” Rodriguez said.

Rodriguez said he would question before the Supreme Court the lack of due process in DOJ’s handling of his case.

“The Office of the Ombudsman should return the cases to the DOJ for proper investigation,” he said.

Rodriguez added that he allocated funds in good faith to the TLRC but did not know that the agency gave away his allocation to bogus NGOs controlled by Napoles.

Rodriguez also claimed his signatures were forged.

“I do not know Napoles or any of her people or NGOs. I have a report from the National Bureau of Investigation that they forged my signatures,” he said.

He said he could not understand why Justice Secretary Leila de Lima allowed her investigations to violate their right to due process.

Rodriguez refused to ascribe any political motive to what De Lima did or did not do. De Lima plans to run for senator in the 2016 elections.

No politics involved

De Lima, who approved the “third and final batch of PDAF cases” related to Napoles’ transactions covering the period of 2007 to 2009, admitted that there was indeed a delay in this third batch of PDAF cases.

But she explained the delay was due to the time taken by NBI probers to address the issue of authenticity of signatures raised by five of the lawmakers implicated in this batch.