For using his P7 million Priority Development Assistance Fund (PDAF) for “ghost” projects, former Representative Rodolfo Valencia of the 1st district of Oriental Mindoro was charged before the Sandiganbayan with three counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), and three counts of Malversation.
The Ombudsman also included in the charge sheet private individuals Celia Cuasay and Janet Napoles, with Technology Resource Center officials; namely, Antonio Ortiz, Dennis Cunanan, Maria Rosalinda Lacsamana, Consuelo Lilian Espiritu, Francisco Figura and Marivic Jover; National Agribusiness Corporation officials; namely, Alan Javellana, Victor Cacal, Maria Ninez Guañizo and Rhodora Bulatao; and Department of Budget Management Undersecretary Mario Relampagos, Budget and Management Specialist Chief Rosario Nuñez and Administrative Assistants Marilou Bare and Lalaine Paule.
In a 31-page Order, Ombudsman Conchita Carpio Morales denied the motions for reconsideration filed by the respondents. The Ombudsman reiterated that, “ the allegations in the criminal complaints, testimonies of complainants’ witnesses and testimonial evidence submitted by complainants including the PDAF documents, 2009 COA Report, business ledgers, corporate papers of Napoles-controlled NGOs, results of field verification and admission made by some of respondents themselves in their submission suffice to lead a person of ordinary caution and prudence to believe, or entertain an honest, strongeasonable belief that the crimes charged were, indeed, committed and the respondents found probably guilty in the Resolution should be tried therefor.”
In its Resolution, the Ombudsman found that Valencia unlawfully utilized his P7 million PDAF for livelihood and agricultural projects, skills training and distribution of livelihood kits through Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI), a Napoles-controlled NGO. The COA Special Audit revealed that the implementing agencies, including NABCOR and TRC, did not actually implement Valencia’s PDAF-funded agricultural and livelihood projects, and that the NGOs were dubious or non-existent. The Ombudsman said that the findings of the COA Report is consistent with the whistleblowers’ testimonies that “Valencia received total commissions, rebates or kickbacks amounting to at least P2.4 million from his PDAF-funded projects in 2008.”###