The Office of the Ombudsman indicted on Friday a former lawmaker in Northern Samar and a former Department of Social Welfare and Development secretary for 19 counts of graft in connection with their alleged involvement in a P62-million pork barrel fund scam in 2007 to 2009.
Ombudsman Conchita Carpio Morales also found probable cause to file 12 counts of malversation through falsification of public documents and seven counts of malversation against former congressman Emil Ong and former social welfare secretary Esperanza Cabral before the Sandiganbayan.
Named co-accused were former DSWD undersecretary Luwalhati Pablo, former assistant secretary Mateo Montaño, former director Deseree Fajardo, and former staff members Joselita Enciso and Leonila Hayahay.
Morales directed the inclusion in the charge sheet the representatives of the National Livelihood Development Corp. namely, Gondelina Amata, Emmanuel Alexis Sevidal, Chita Jalandoni, GregoriaBuenaventura, Ofelia Ordoñez, Sofia Cruz and Filipina Rodriguez; National Agri-Business Corp. personnel Alan Javellana, Rhodora Mendoza, Victor Roman Cacal, Maria Ninez Guañizo and Romulo Relevo; and non-government organizations’ Roberto Solon of the Economic and Social Cooperation forLocal Development Foundation Inc., Margie Luz and Ma. Cristina Vizcarra of Gabaymasa Development Foundation Inc., Rowena Adriano and Nestor Serdeña of Interactive Training Opportunity Needs Alleviations Movement Inc.
Ong’s representative, Jesus Acebuche, was also included as co-accused.Based on an in-depth investigation and actual field verification, Ong received P4 million on Oct. 10, 2007, P5 million on May 7, 2008, P15 million on April 14, 2009, P9 million on June 17, 2009, P10 million on June 29, P9 million on Aug. 18, 2009 and P10 million on Nov. 26, 2009 to benefit the constituents of Northern Samar’s District 2 in livelihood capital assistance, distribution of fruit and vegetable seedlings, vermiculture livelihood training packages, distribution of off-season vegetables, trainings and manuals.
The DSWD, NabCor and NLDC implemented the “ghost” projects with the help of EcoSoc, GDFI and Itonami.
According to local officials, “they were not even aware of the projects” and denied receiving anything from the office of Ong or any of the project partners.
To cover up their activities, the respondents reportedly submitted fake documents to support the liquidation, such as project reports, distributions lists of beneficiaries, receipts, certificates of acceptance and inspection.
The Ombudsman investigators also ascertained that the alleged suppliers denied transacting with respondents, while the others were not registered with the Securities and Exchange Commission or with the Department of Trade and Industry.
“Worse, the Bureau of Internal Revenue has no records of any tax returns, tax clearances, audited financial statements and/or financial reports of any of the NGOs or alleged suppliers. Neither was there any public bidding conducted for the procurement of farm implements and livelihood projects,” it said.
Ong had filed several motions for an extension of time, but failed to file any counter-affidavit.
The former lawmaker entered into various memoranda of agreement with the implementing agencies and the NGOs, approved the project proposals and continuously sought the release of the funds in favor of the NGOs.
Acebuche assisted Ong in perpetrating the fraud by signing a certificate of acceptance in his behalf.
The DSWD officials and employees released the funds to the foundations with “unusual accommodation” despite the failure to conduct any verification of the implementation of the projects.
“To be able to repeatedly divert substantial funds from the Priority Development Assistance Fund, access thereto must be made available, and this was made possible by Ong who endorsed EcoSoc, GDFI and Itonami to implement his PDAF-related undertakings,” the resolution read.
As far as the administrative case of the respondents is concerned, the Ombudsman ordered the dismissal from service of Pablo, Montaño, Fajardo, Enciso, Amata, Jalandoni, Sevidal, Buenaventura, Ordoñez, Cruz and Rodriguez for grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.
The Ombudsman also meted on the respondents the accessory penalties of perpetual disqualification from holding public office, cancellation of eligibility and forfeiture of retirement benefits.