By AMITA O. LEGASPI and MARC JAYSON CAYABYAB
GMA News
GMA News
(Updated 9:10 p.m.) Some P6.156-billion pork barrel from close to 200 lawmakers went to 82 mostly dubious non-government organizations (NGOs) from 2007 to 2009, including 10 linked to controversial businesswoman Janet Lim-Napoles, the head of the Commission on Audit (COA) bared Friday.
At a press conference, COA chief Maria Gracia Pulido-Tan said many of these NGOs had dubious addresses, with some traced to shanties or were actually home addresses of some members.
The NGOs linked to Napoles received pork barrel funds amounting to P2.157 billion, the COA report said.
The report said the intended beneficiaries of the funds had denied receiving the goods. It also said some NGOs’ list of beneficiaries showed names of board passers. The same names were also said to have attended different trainings supposedly funded by the pork barrel.
These NGOs spent the pork barrel funds allotted by the implementing agency without an appropriating law or ordinance, in violation of procurement rules. According to a Government Procurement Police Board’s resolution, implementing agency may only give funds to NGOs upon the passage of an appropriating law or ordinance.
The NGOs also did not undergo competitive public bidding, in violation of a COA circular. The COA noted too that “(t)here were no proof that these NGOs exercised due diligence in ensuring that the lowest price for their procurements were obtained,” violating the procurement law.
Some NGOs were managed by the same persons serving as incorporator.
Pork barrel whistleblower Benhur Luy was also found to have managed two questionable foundations.
Tan also said that based on the special audit conducted by the commission in 2010 covering the years from 2007 to 2009, 74 lawmakers received pork barrel beyond their respective allocations of P70 million per year. She said the excess funds ranged from P71 million to P3 billion.
Ironically, based on the COA report, the largest allocation — P3 billion — went to then-Davao del Norte Rep. Manuel Zamora, a lawmaker known for regularly commuting to the Batasan Pambansa using his bike.
Zamora, now vice governor of Compostela Valley, denied this in an interview on GMA News’ “24 Oras.”
Among the senators, Edgardo Angara received the largest excess pork funds, including both soft and hard projects, worth P384.375 million, followed by Jinggoy Estrada with P402.15 million, Juan Ponce Enrile with P347.5 million, Bong Revilla with P269 million, Miriam Defensor-Santiago with P26.51 million, and Lito Lapid with P13.6 million.
The COA report also said eight lawmakers were found to have allocated pork barrel funds outside their constituency. These were Zamora, who poured P3 billion to the DPWH for nationwide use; Cebu Rep. Antonio Cuenco, who allocated P3.88 million to Cebu province; and Lanao del Sur Rep. Faysah Dumarpa, who gave P6 million to Iligan City, Misamis Occidental;
Meanwhile, Albay Rep. Edcel Lagman gave P60.5 million to 28 barangays in Quezon City, and P25.5 million to Nueva Ecija and Pampanga; while Davao City Rep. Prospero Nograles spent P74 million for Taguig and Mandaluyong, P20 million for Bataan, P55 million for Sorsogon and Masbate, P135 million for Davao del Norte, Davao Oriental, Davao Del Sur, and Compostela Valley, as well as P780 million for various local government units.
Tarlac Rep. Monica Louise Prieto-Teodoro spent P1 million for Manila, while Las Piñas Rep. and now Senator Cynthia Villar spent P1.322 million for nationwide use.
The COA also found out that the funds for various infrastructures including local projects (VILP), or the “hard projects,” amounted to P101.608 billion for the three-year period, which exceeded the allotted VLIP release of P50.874 billion by almost 100 percent or P50.734 billion.
Meanwhile, one non-lawmaker, identified as “Luis Abalos,” received P20 million pork barrel, which no government agency could explain, Tan said, citing the COA report.
Lack of monitoring
The COA also noted the lack of monitoring on the Department of Budget and Management (DBM) on the fund releases. It said the DBM failed to provide COA the schedule of releases per legislator. For the audit, the COA only audited releases to regions III, V, XI, and NCR, and certain implementing agencies such as the Department of Agriculture, Department of Public Works and Highways, and Department of Social Welfare and Development.
Citing the contents of the report, Tan said the legislators and the government agencies that released funds to the NGOs did not bother to check on the capability of the NGO to implement a project.
“Yung mga ahensiya, they simply turned around… binigay sa NGO yung livelihood project. They simply turned around and transferred the funds to the NGOs identified or selected by the legislator,” she said, adding this runs contrary to a resolution of the Government Procurement and Policy Board.
The briefing was held amid the controversy involving the alleged misuse of pork barrel funds that centers on Napoles, who is currently in hiding after she and her brother were ordered arrested for a serious illegal detention case.
Napoles was accused of diverting some P10 billion government funds to her account through her NGOs. Two of her former employees, Benhur Luy and Merlina Suñas, had implicated her in the supposed scam.
Luy, who claimed he was in the employ of Napoles for 10 years, alleged in a sworn affidavit that the modus operandi includes a 70-30 sharing scheme, with the legislator getting 70 percent while she keeps 30 percent.
Napoles has denied the accusation. – KBK/RSJ/HS, GMA News
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RELATED STORY:
‘I don’t know what pork barrel is’ — Janet Lim-Napoles
Source: GMA News
Janet Lim-Napoles, the businesswoman portrayed as so savvy with money that she created a complex network of channels for embezzled public funds, has claimed that she does not know what pork barrel is.
“Unang-una, hindi ako mambabatas, so hindi ko alam kung ano ‘yun,” Napoles told Malou Mangahas in an interview for GMA News TV program “Investigative Documentaries.”
At the time the interview was done, the Makati Regional Trial Court had not yet issued the arrest warrant for Napoles, who, together with her brother, Reynald Lim, is accused of causing the serious illegal detention of their cousin, Benhur Luy.
Luy has become a whistle-blower, and has accused Napoles of channeling monies from the Priority Development Assistance Fund (PDAF) of several senators and congressmen to her own accounts and the bank accounts of some legislators through various foundations.
As of Thursday evening, the arrest warrants have not yet been served because law enforcers have been unable to find Napoles and her brother.
“70 – 30″
Napoles said in the “Investigative Documentaries” interview that the only foundation she was involved with is the Magdalena Luy Lim Foundation
“Ang meron po kami, ‘yung sa mommy ko,” Napoles said. She denied being involved with 20 or 30 non-government organizations (NGOs), as reported in a daily newspaper.
Two former employees of JLN Corp. – Benhur Luy and Merlina Suñas – implicated Napoles in the PDAF Scam.
Luy, who claimed he was in the employ of Napoles for 10 years, alleged in a sworn affidavit that Napoles’ modus operandi includes a 70-30 sharing scheme, with the legislator getting 70 percent while she keeps 30 percent.
“Iyan ho ay pawang kasinungalingan. Sinasabi niya yan, eh dapat siya ho ang magpatunay. Bigyan nila ng papers, kausapin nila yung, kasi ho madaling magsabi eh, ‘di ba?” she said.
Suñas has alleged that pork barrel funds did not go to the foundations she helped establish for Napoles, but went only to the businesswoman.
Gertrudes and Arturo Luy, the parents of Benhur, said in a sworn affidavit that Napoles organized the Pangkabuhayan Foundation Inc. which got P195 million in pork barrel funds in 2009 and 2010, according to various reports of the Commission on Audit.
The Luys said Napoles also set up other entities, including the Social Development Foundation Program for Farmers Foundation, Inc., which they said received pork barrel funds from five Members of the House of Representatives.
It was also reported in the “Investigative Documentaries” that Napoles was on the receiving end of pork barrel funds from Senator Jinggoy Estrada, Sen. Juan Ponce Enrile, Sen. Ramon “Bong” Revilla, and Rep. Michael Velarde.
But Napoles maintained that her family’s wealth came about when her husband was invited by an Indonesian friend to invest in coal. Napoles said they also invested in developing a subdivision village in Indonesia.
She said those investments in Indonesia exist until now.
Law enforcers are on the lookout for 30 cars that are linked to a firm of the Janet Lim-Napoles.
22 companies, 30 cars
Records from the Securities and Exchange Commission show that members of the Napoles family are involved in at least 22 companies registered with the SEC.
Eight of these firms submitted an affidavit of non-operation in 2012. Two have closed down, while six were registered as non-profit organizations or foundations.
Meanwhile, the Land Transportation Office said eight motor vehicles are registered in the names of Janet Lim-Napoles and her husband, retired Philippine Marines Major Jaime Napoles.
However, the Department of Justice came out with a list of 30 motor vehicles belonging to the JLN Corporation.
Atty. Lorna Kapunan, the legal counsel of Napoles, said the allegations against her client were meant to steer public attention away from other people who are stealing pork barrel funds.
“To conveniently point everything to Mrs. Napoles, anong tawag diyan? Smokescreen. Ang tawag diyan eh to divert, to divert the attention of this people,” Kapunan said.
“Meron talagang nagnanakaw ng PDAF funds. Ang sinasabi namin, hindi yun si Mrs. Napoles. By all means, please investigate.” Kapunan added. Rouchelle Dinglasan/ELR/CM, GMA News
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