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Ombudsman to file plunder raps vs. ex-Rep. Valdez, Napoles over PDAF scam
(Updated 7:22 p.m.) The Office of the Ombudsman has found probable cause to indict former Association of Philippine Electric Cooperatives Party-list Rep. Edgar Valdez, as well as businesswoman Janet Lim-Napoles and her driver and bodyguard, John Raymund De Asis, with plunder in connection with the P10-billion pork barrel scam.
According to a statement released on Friday, Ombudsman Conchita Carpio Morales ordered charges filed against the three for the misuse of pork barrel funds amounting to P95 million from 2007 to 2009.
Aside from the three, the Ombudsman also found probable cause to file seven counts of violation of Section 3(e) of the Republic Act 3019 or the or the Anti-Graft and Corrupt Practices Act against the following:
Section 3 (e) of the anti-graft law penalizes "causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."
The Ombudsman found that Valdez endorsed the implementation of his PDAF-funded livelihood and agricultural projects to Napoles-controlled NGOs
It noted that from 2007 to 2009, MAMFI received P15 million while PSDFI received P18.9 million, and SDPFFI received P46 million, supposedly to be used for livelihood projects,farm inputs and farm implements, agricultural starter kits, technology transfer training via video courses and printed materials, vegetable seeds, gardening packages, knapsack sprayers, concentrated fertilizers, and other tools and equipment.
However, the Ombudsman said Valdez' pork barrel funds were not used for the intended projects as these were considered 'ghost' projects, with fabricated documents submitted for its liquidation.
"The mayors and municipal agriculturists reported that they never received anything from the office of Valdez, or from any of the project partners," it said. "In fact, many of the names appearing on the lists as farmer-recipients were neither residents nor registered voters of the municipalities."
Kickbacks for 'Kuryente'
Meanwhile, in his sworn testimony, primary whistleblower Benhur Luy testified that Valdez received kickbacks amounting to P57,787,500 from 2004 to 2010, the Ombudsman said.
It also quoted whistleblowers Marina Sula and Merlina Suñas as claiming that they often heard Napoles call Valdez by his code name "kuryente."
The Ombudsman said Valdez showed "a pattern – a combination or a series of overt or criminal acts – directed towards a common purpose or goal which is to enable him to amass, accumulate or acquire ill-gotten wealth."
Meanwhile, with the issuance of the joint resolution, the Ombudsman "has completed the resolution of the first batch of criminal complaints filed by the National Bureau of Investigation and Field Investigation Office."
On Sept. 16, 2013, the NBI, which investigated the supposed scam, filed before the Ombudsman plunder charges against 38 people, including Valdez and Napoles, implicated in the case. — Amanda Fernandez/JDS, GMA News
According to a statement released on Friday, Ombudsman Conchita Carpio Morales ordered charges filed against the three for the misuse of pork barrel funds amounting to P95 million from 2007 to 2009.
Aside from the three, the Ombudsman also found probable cause to file seven counts of violation of Section 3(e) of the Republic Act 3019 or the or the Anti-Graft and Corrupt Practices Act against the following:
- Department of Budget and Management (DBM) officials Mario Relampagos, Rosario Nuñez, Lalaine Paule and Marilou Bare
- Zamboanga del Norte Agricultural College Rubber Estate Corporation (ZREC) representatives Salvador Salacup and Eduardo Nolasco
- NABCOR officials Alan Javellana, Romulo Relevo, Ma. Julie Villaralvo-Johnson, Maria Ninez Guañizo, Victor Roman Cacal, Rhodora Mendoza
- Technology Resource Center (TRC) officials Antonio Ortiz, Dennis Cunanan, Maria Rosalinda Lacsamana, Consuelo Lilian Espiritu, Marivic Jover; NLDC officials Gondelina Amata, Emmanuel Alexis Sevidal, Gregoria Buenaventura, Ofelia Ordoñez, Sofia Cruz, Chita Jalandoni
- Social Development Program for Farmers Foundation, Inc. (SDPFFI)representatives Noel Macha
- Masaganang Ani Para sa Magsasaka Foundation, Inc. representatives Theresita Samson, Eulogio Rodriguez, Margarita Guadinez
- Philippine Social Development Foundation Incorporated (PSDFI) representatives Evelyn De Leon and Roy Bongalo
Section 3 (e) of the anti-graft law penalizes "causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence."
The Ombudsman found that Valdez endorsed the implementation of his PDAF-funded livelihood and agricultural projects to Napoles-controlled NGOs
It noted that from 2007 to 2009, MAMFI received P15 million while PSDFI received P18.9 million, and SDPFFI received P46 million, supposedly to be used for livelihood projects,farm inputs and farm implements, agricultural starter kits, technology transfer training via video courses and printed materials, vegetable seeds, gardening packages, knapsack sprayers, concentrated fertilizers, and other tools and equipment.
However, the Ombudsman said Valdez' pork barrel funds were not used for the intended projects as these were considered 'ghost' projects, with fabricated documents submitted for its liquidation.
"The mayors and municipal agriculturists reported that they never received anything from the office of Valdez, or from any of the project partners," it said. "In fact, many of the names appearing on the lists as farmer-recipients were neither residents nor registered voters of the municipalities."
Kickbacks for 'Kuryente'
Meanwhile, in his sworn testimony, primary whistleblower Benhur Luy testified that Valdez received kickbacks amounting to P57,787,500 from 2004 to 2010, the Ombudsman said.
It also quoted whistleblowers Marina Sula and Merlina Suñas as claiming that they often heard Napoles call Valdez by his code name "kuryente."
The Ombudsman said Valdez showed "a pattern – a combination or a series of overt or criminal acts – directed towards a common purpose or goal which is to enable him to amass, accumulate or acquire ill-gotten wealth."
Meanwhile, with the issuance of the joint resolution, the Ombudsman "has completed the resolution of the first batch of criminal complaints filed by the National Bureau of Investigation and Field Investigation Office."
On Sept. 16, 2013, the NBI, which investigated the supposed scam, filed before the Ombudsman plunder charges against 38 people, including Valdez and Napoles, implicated in the case. — Amanda Fernandez/JDS, GMA News
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