MANILA, Philippines - Ombudsman Conchita Carpio Morales has ordered the filing of criminal charges against the so-called “Euro Generals” for the anomalous disbursement of Philippine National Police (PNP) intelligence funds which they used as travel expenses to Russia in 2008.
In an 86-page resolution signed by the Ombudsman on March 26, Morales ordered charged before the Sandiganbayan were retired Police Director Generals Eliseo dela Paz, Emmanuel Carta, Ismael Rafanan, Romeo Ricardo, German Doria, and Jaime Caringal; Chief Superintendent Orlando Pestaño; and Senior Superintendents Tomas Rentoy III and Samuel Rodriguez.
Rentoy, Pestaño, and Rodriguez were ordered charged with three counts of violation of Art. 220 of the Revised Penal Code (Technical Malversation), three counts of violation of Sec. 3(e), and one count of violation of Sec. 3 (a) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act).
Dela Paz was ordered indicted for three counts of violation of Art. 220 of the RPC, four counts of violation of Sec. 3(e), and one count of Sec. 3(a) of RA 3019; while Carta, Rafanan, Doria, Caringal were ordered charged with violation of Sec. 3(e) of RA 3019.
Ricardo, on the other hand, was ordered charged with violation of two counts of Sec. 3(e) of RA 3019. He was also ordered to be included as additional accused in the case filed in 2011 against dela Paz before the Sandiganbayan, for violation of Art. 237 of the RPC (Prolonging the Performance of Duties and Powers).
The resolution stated that there was probable cause arising from the release, disbursement and use of a total of P10 million of police intelligence/confidential funds as travel expenses of the PNP delegates to the 77th Interpol General Assembly in St. Petersburg, Russia.
It added that “the manifest partiality and evident bad faith of respondent Ricardo can be easily gleaned from his act of recommending himself and his co-respondents Carta, Rafanan, Doria, Caringal, and Dela Paz, as participants to the Interpol General Assembly, despite that he and his co-respondents were not qualified to attend said assembly because they were due to retire within one year from the date thereof.”
It also explained that Ricardo should be included as additional accused in the information filed against dela Paz for violation of Art. 237 of the RPC because it was “Ricardo who recommended that respondent dela Paz be included in the trip to Russia” which enabled dela Paz to prolong the performance of his duties as an officer of the PNP.
On July 6, 2011, then Acting Ombudsman Orlando Casimiro approved a joint resolution indicting dela Paz for violation of Art. 237 of the RPC; and dela Paz and his wife, Marie Fe, for violation of Circular No. 507, in relation to Sec. 36 of RA 7653 (New Central Bank Act).
On July 19 of the same year, spouses dela Paz filed a Motion for Reconsideration questioning the finding of probable cause, for which the 5th Division of the Sandiganbayan ordered the prosecution to resolve the motion within 30 days.
After the prosecution submitted its recommendations to Morales, the Ombudsman ordered the conduct of further preliminary investigation and created another Special Panel of Investigators/ Prosecutors for the said purpose.
The prosecution then informed the anti-graft court of the denial of the motion filed by the spouses dela Paz, and requested a suspension of the proceedings in view of the re-investigation ordered by the Ombudsman, which was granted by the court.
In reversing its earlier finding on the case, it was explained in the resolution that “the Ombudsman is not barred from revoking, repealing or overturning the earlier ruling of a predecessor in office.”
The Ombudsman, meanwhile, dismissed the charges against former Interior and Local Government Secretary Ronaldo Puno, retired Director General Avelino Razon Jr., Chief Supt. Joel Ma. Alvarez, retired Dep. Dir. Gen. Edgardo Acuña, Supt. Elmer Pelobello, retired Dir. Silverio Alarcio Jr. and private respondents Evita Caringal and Cynthia Versoza for lack of probable cause.
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