Ombudsman Conchita Carpio Morales has affirmed the indictment of ex-Representative Arrel Olaño of the first district of Davao del Norte for Malversation of Public Funds, violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) and Direct Bribery for the misappropriation of his 2007 Priority Development Assistance Fund (PDAF) totaling P7.97million.
In a 27-page Order, Ombudsman Morales directed the filing of Informations against Olaño with the Sandiganbayan for 3 counts of Malversation, 3 counts of graft and Direct Bribery. Also impleaded are Technology Resource Center (TRC) officials Antonio Ortiz, Dennis Cunanan, Maria Rosalinda Lacsamana, Francisco Figura, Marivic Jover, Maurine Dimaranan and Consuelo Espiritu, Department of Budget and Management officials Mario Relampagos, Rosario Nuñez, Lalaine Paule and Marilou Bare, Philippine Social Development Foundation, Inc. (PSDFI) President Evelyn de Leon, Countrywide Agri and Rural Economic Development Foundation, Inc. (CARED) President Mylene Encarnacion, together with Janet Lim Napoles and Eulogio Rodriguez.
In affirming the charges, Ombudsman Morales emphasized that there is no merit in the motions for reconsideration as the grounds raised do not warrant a reversal or modification of the assailed Resolution considering that “the allegations in the complaint, testimonies of complainants’ witnesses and the 2009 COA Report suffice to lead a person of ordinary caution and prudence to believe that the crimes charged were indeed committed.”
The Office of the Ombudsman found that Olaño’s PDAF worth P7.97M was funneled through PSDFI and CARED, using TRC as implementing agency. Investigation revealed that the projects on financial assistance for farm implements, livelihood materials and trainings turned out to be non-existent.
Rep. Olaño was also found to have received commissions and kickbacks amounting to at least P3.175M from Napoles.
Under Section 3(e) of R.A. No. 3019, public officials are prohibited from causing any undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. Malversation, on the other hand, is committed by any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially.###