Source: Manila Bulletin
PLUNDER RAPS — Ombudsman Conchita Carpio Morales speaks with Justice Secretary Leila de Lima, who accompanied ‘pork barrel’ scam whistleblowers (from left) Benhur Luy and Merlina Suñas in filing plunder charges against former President Gloria Macapagal Arroyo, alleged scam mastermind Janet Lim Napoles, and 20 others supposedly involved in the misuse of P900 million of the Malampaya Fund at the Office of the Ombudsman in Quezon City, yesterday. (KJ Rosales)
Manila, Philippines – Former President and now Pampanga Rep. Gloria Macapagal Arroyo, her three former Cabinet officials, businesswoman Janet Lim Napoles, and 20 others were charged yesterday with plunder in connection with the P900-million Malampaya fund scam.
Aside from Arroyo and Napoles, also charged were former Executive Secretary Eduardo Ermita, former Budget secretary and now Camarines Sur Rep. Rolando Andaya Jr., former Department of Agrarian Reform (DAR) Secretary Nasser Pangandaman, former DAR Undersecretary Rafael Nieto, DAR Finance Officer Teresita Panlilio, Budget Undersecretary Mario Relampagos, DAR employees Angelita Cacananta, Nilda Baui, Dominador Sison Jr., and Ronald Venancio; and Malampaya fund coordinators Ruby Tuazon and Evelyn de Leon.
Napoles NGOs
Also included in the charge sheet were Candaba, Pampanga, Mayor Rene Maglanque and the presidents of Napoles’ non-government organizations (NGO), namely: John Lim of Ginintuang Alay sa Magsasaka; John Raymond de Asis of Kaupdanan para sa Manguguma Foundation; Genevieve Uy of Kasaganahan para sa Magsasaka Foundation; Simplicio Gumafelix of Karangyaan para sa Magbubukid Foundation; Jesus Castillo of Dalangpan San Amon Utod Foundation; Lilian Español of Saganang Buhay as Atin Foundation; Lorna Ramirez of Masaganang Buhay Foundation; Vanessa Eman of Abundant Harvest for People’s Foundation; Eulogio Rodriguez of Gintong Pangkabuyan Foundation; and Ronald Lim of Micro Agri Business Citizens Foundations.
The pieces of evidence were culled from the testimonies of disgruntled Napoles’ employees as well as records furnished by the Department of Budget and Management (DBM) and the Commission on Audit (COA) to the NBI.
Five whistleblowers, including Benhur Luy and Merlina Sunas, who have intimate knowledge of Napoles’ operations subscribed their respective affidavits in the presence of OMB Chairman Conchita Carpio Morales, Justice Secretary Leila de Lima, and NBI Officer-in-Charge Medardo de Lemos, who signed the criminal complaint sheet.
Questionable EO
De Lima said the involvement of Arroyo and Ermita arose from the release of the Special Allotment Release Order (SARO) which was made possible due to the hastily prepared Executive Order No. 848, liberalizing the disbursements of the Malampaya funds.
De Lima said the request for the use of the Malampaya fund was justified and granted on the basis of the executive order, ignoring the existing law that stipulates that the funds should be used exclusively for energy and power development projects.
De Lima said Nieto requested Andaya for P900 million for relief and rehabilitation operations to farmer-beneficiaries hit by “Ondoy” and “Peping.”
De Lima added that despite insufficient documents, the DBM processed the request and eventually issued the corresponding SARO and Notice of Cash Allocation (NCA).
De Lima said Napoles and her cohorts used the same pork barrel scam trick in taking advantage of the Malampaya funds. She said each of the 12 bogus foundations of Napoles received up to P80 million.
De Lima said Napoles allegedly pocketed the Malampaya funds without making any delivery to farmers, allegedly sharing the loot with her co-conspirators as bribes and kickbacks.
She said Pangandaman got P75 million from Napoles and bank withdrawal made by Maglanque; Panlilio, P14 million; Nieto, P6 million through bank withdrawal of De Leon; and Tuazon received more than P242 million through bank withdrawals for still unidentified principal.
The Malampaya fund is the government share or royalties paid by drilling companies extracting gas in the seabed of Malampaya, Palawan.
No Legal Basis
Lawyer Raul Lambino, the spokesman and legal adviser of Arroyo, said the new plunder case against the former chief executive has no legal leg to stand on, pointing out that Malampaya fund expenditures were justified by the provisions of the law.
Andaya, meanwhile, protested his inclusion in the plunder charges.
“As far as the former President is concerned the (disbursement) of P20 plus billion Malampaya funds were authorized pursuant to the purposes and policies mandated by the provisions of PD 910,” said.
File Now, Probe Later
Andaya lamented the failure of De Lima to allow him to confront his accusers although he was willing to place himself under NBI investigation.
“My offer for help was rejected. What happened next was ‘file now, investigate later,’” the Bicolano solon said.
Andaya stressed that the role of DBM officials and personnel in the release of Malampaya funds were purely ministerial, adding that the plunder case has set off a dangerous precedent for the DBM.
“What’s worrisome is that we are setting a precedent wherein all those involved in the ministerial release of the funds, including DBM officials, should be from now on become automatic co-accused in every graft case to be filed in the country,” Andaya warned.
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RELATED STORY:
DOJ: P337M in kickbacks in Malampaya scam
Source: ABS-CBN News
MANILA – Justice Secretary Leila de Lima on Thursday said kickbacks amounting to P337.775 million from the Malampaya funds were distributed to public officials who participated in the plunder scheme.
She said the following officials were specifically identified by the whistleblowers as having received kickbacks from Janet Lim Napoles, the alleged mastermind in the scam:
Former Department of Agrarian Reform (DAR) Secretary Nasser Pangandaman – P75 million
Presidential Agrarian Reform Council Secretariat Teresita Panlilio – P14 million
Former DAR Undersecretary Narciso Nieto – P6 million
Ruby Tuason – P242.775 million
Presidential Agrarian Reform Council Secretariat Teresita Panlilio – P14 million
Former DAR Undersecretary Narciso Nieto – P6 million
Ruby Tuason – P242.775 million
“We’re still trying to actually trace kung kanino napunta o sino ang principal ni Ruby Tuason because it looks like, it appears that she was an agent,” de Lima noted.
Tuason is also facing plunder charges for her alleged involvement in the pork barrel scam.
Tuason, who is the former social secretary of former President and now Manila Mayor Joseph Estrada, is the alleged contact of Napoles in the offices of Senators Juan Ponce Enrile and Jinggoy Estrada.
Enrile and Estrada are also both facing plunder raps over the PDAF scam.
De Lima noted that Napoles first got wind of the available Malampaya funds supposedly allotted to DAR as early as July 2009 even before then President Gloria Macapagal Arroyo signed an executive order authorizing the release of the funds.
ANC, October 3, 2013
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