THE Office of the Ombudsman directed on Thursday the filing of two counts of graft, one count of malversation and another count of malversation through falsification of public fund against former Iloilo representative Niel Tupas Jr. before the Sandiganbayan.
Ombudsman Conchita Carpio-Morales said charges stemmed over Tupas’ anomalous use of his Priority Development Assistance Fund in 2008.
Named co-accused were Alan Javellana, Rhodora Mendoza, Romulo Relevo and Ma. Julie Villaralvo-Johnson of the National Agri-Business Corp., and Marilou Antonio, project coordinator of the Kabuhayan at Kalusugang Alay sa Masa Foundation Inc.
At the same time, Morales indicted on Thursday a mayor from Iloilo for multiple counts of graft charges before the Sandiganbayan for repeatedly approving his wife’s business permits.
In a resolution, Morales said there was probable cause to charge Batad Mayor Pedro Alarcon with four counts of violation of Section 3(h) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 for approving the business permits of Batad ice plant, a business owned by his wife, Elvira Alarcon.
The mayor approved Batad’s business permit issued in February 2011, March 2011, February 2012 and February 2013.
The Ombudsman cited Section 3(h) of the law that a public official shall not directly or indirectly have financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
“In a letter dated 15 May 2008, Tupas requested the Department of Agriculture for the transfer of P5 million to the NabCor for the implementation of his PDAF-funded projects,” the resolution read.
Tupas recommended KKAMFI as the project implementor to buy hand tractors, water pumps and grafted fruit seedlings.
During its field investigation, the Ombudsman found Tupas implemented “ghost projects,” saying mayors from the six towns of Ajuy, Batad, Estancia, Lemery, San Rafael and Sara denied receiving any farm implements.
Moreover, the liquidation documents submitted by respondents were all fabricated with Tupas himself signing the alleged list of beneficiaries of equipment and seedlings from his district.
“To be able to repeatedly release substantial funds from the PDAF, access thereto must be made available, and this was made possible by Tupas Jr. who directly chose and endorsed his own NGO to implement his PDAF-related projects,” the resolution read.
Tupas himself issued the requisite indorsement letters and similar documentation addressed to the DA and NabCor, “acts which were necessary to ensure that the chosen NGO would be awarded the project,” the Ombudsman said.
“The evident misuse of the PDAF allocations through fictitious or non-existent projects should render respondents liable for malversation,” Morales said.