THE Ombudsman has indicted former congressmen Rozzano Rufino Biazon of Muntinlupa City, Rodolfo Valencia of Oriental Mindoro, Marc Douglas Cagas of Davao del Sur, Arrel Olaño of Davao del Norte and Arthur Pingoy Jr. of South Cotabato for graft, malversation and bribery raps in connection with the pork barrel fund scam.
In five separate orders, Ombudsman Conchita Carpio Morales also found probable cause to indict businesswoman Janet Lim Napoles, officials of the Department of Budget and Management, Technology Resource Center and National Business Corp., and representatives of Napoles-linked ghost foundations.
She ordered the filing of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act or Republic Act 3019, malversation under Article 217 of the Revised Penal Code and direct bribery with the Sandiganbayan.
The five cases arose from separate complaints filed by the National Bureau of Investigation and Levito Baligod, former lawyer of Benhur Luy and the other whistleblowers.
In affirming a June 22, 2015 resolution, Morales said “after a considered review of the case records, this Office finds no merit in the motions for reconsideration as the grounds raised do not warrant a reversal or modification of the assailed Resolution.”
Biazon was accused of anomalously using his Priority Development Assistance Fund in 2007 through the endorsement of P3 million to the Philippine Social Foundation Inc. with Evelyn de Leon as its president.
Biazon was supposed to receive P1.95 million as rebates through his agent, Ducut.
Napoles, Mario Relampagos of DBM, Dennis Cunanan of TRC, Antonio Ortiz of NabCor and several others were also implicated.
Biazon, Ortiz and De Leon had not filed any motion to challenge the June 2015 decision of the Ombudsman.
Valencia was charged with three counts of malversation and three counts of graft in connection with the anomalous utilization of his P7-million pork barrel fund in 2007 to 2009.
Included as co-accused are Celia Cuasay, Allan Javellana, Victor Roman Cacal, Napoles, Relampagos, Ortiz, Cunanan, and several others.
Valencia’s PDAF fundswere released by the DBM to the TRC and NabCor as implementing agencies for the Masaganang Ani Para sa Magsasaka Foundation Inc.
“Valencia received total commissions, rebates or kickbacks amounting to at least P2.4 million from his PDAF-funded projects in 2008,” the Ombudsman’s resolution read.
Cagas was charged with two counts of malversation and two counts of graft.
Named co-accused were Ducut, Ortiz, Cunanan, Napoles, Relampagos, Jesus Castillo, Margarita Guadinez, Ireneo Pirater, Jocelyn Deiparine, John Raymond de Asis and Noel Macha.
Cagas endorsed from 2007 to 2009 the amount of P11 million for the People Organization for Progress and Development Foundation Inc. and Social Development Program for Farmers Foundation Inc. for the distribution of agricultural production and livelihood packages in the form of fertilizers, seeds and sprayers.
Allegedly, Cagas was able to receive P5.5 million in kickbacks from his PDAF-funded projects from 2007 to 2008.
On the other hand, Olaño was slapped with three counts of malversation, three counts of graft and direct bribery.
The other respondents in the malversation and graft charges were Napoles, De Leon, Relampagos, Cunanan, Francisco Figura, Maria Rosalinda Lacsamana, Marivic Jover, Maurine Dimaranan, Rosario Nuñez, Lalaine Paule, Marilou Bare, Mylene Encarnacion, Eulogio Rodriguez and Consuelo Lilian Espiritu.
Olaño’s PDAF totaled to P7.97 million, while he was found to have received kickbacks of P3.175 million from Napoles.
Meanwhile, Pingoy and Ducut were charged with two counts of direct bribery, four counts each for malversation and graft.
Included were Napoles, Cunanan, De Leon, Relampagos, Javellana, Ortiz, Rhodora Mendoza, Maria Ninez Guanizo, Roman Cacal and John Bernardo.
Napoles was accused of two counts of corruption of public officials.
The charges were based on the illegal fund releases of Pingoy’s PDAF of at least P20.91 million to the Philippine Social Development Foundation Inc. and SDPFFI.