Ombudsman Conchita Carpio Morales has affirmed the finding of probable cause to charge former Davao Del Sur 1st district representative Marc Douglas Cagas IV for his involvement in the Priority Development Assistance Fund (PDAF) scam. Cagas faces indictment for two counts of Malversation and two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019). Included as co-accused are Zenaida Ducut, Janet Lim Napoles, Dennis Cunanan, Antonio Ortiz, Mario Relampagos and several others.
The PDAF of Rep. Cagas from 2007 to 2009 amounting to P11 million covered by two SARO was channeled to National Agri-Business Corporation (NABCOR) and Technology Resource Center (TRC) as implementing agencies (IA) with the People’s Organization for Progress and Development Foundation Inc. (POPDFI) and Social Development Program for Farmers Foundation(SDPFFI) as NGO-partners, for the implementation of projects such as the distribution of agricultural production and livelihood packages in the form of fertilizers, seeds and sprayers.
The Commission on Audit special audit revealed that Cagas’ PDAF projects were ghost projects and that the NGOs were not accredited; worse, they were dubious or non-existent.
In its investigation, the Ombudsman found that the documents submitted by the NGOs to the IAs such as disbursement vouchers, progress and accomplishment reports, fund utilization, inspection and delivery reports were all fabricated.
Per Luy’s records, Cagas received at least P5.5 million in total commissions, rebates, or kickbacks from his PDAF-funded projects from 2007 to 2008, with payoffs usually taking place at the JLN office in Ortigas through his representative, Zenaida Ducut, who would claim the same either personally or through fund transfers using Ducut’s account.
In its Order denying the motions for reconsideration filed by Cagas, et. al., “all indictments against them, as originally embodied in the Resolution stand.”
“[T]he allegations in the criminal complaints, testimonies of complainants’ witnesses and testimonial evidence including the PDAF documents, 2009 COA report, business ledgers, corporate papers of Napoles-controlled NGOs, results of field verification and admissions made by some of the respondents suffice to lead a person or ordinary caution and prudent to believe, or entertain an honest, strong and reasonable belief that the crimes charged were, indeed, committed and the respondents should be tried,” the Order added. ###