Ombudsman Conchita Carpio Morales has affirmed the indictment of ex-Representative Arthur Pingoy of the second district of South Cotabato 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 2007-2008 Priority Development Assistance Fund (PDAF) totaling P20.91M.
In a 36-page Order, Ombudsman Morales directed the filing of Informations against Pingoy with the Sandiganbayan for 2 counts of Direct Bribery and 4 counts each of Malversation and violation of the anti-graft law. Charged alongside Pingoy are Technology Resource Center (TRC) officials Antonio Ortiz, Dennis Cunanan, Francisco Figura and Marivic Jover, Department of Budget and Management officials Mario Relampagos, Rosario Nuñez, Marilou Bare and Lalaine Paule, National Agribusiness Corporation (NABCOR) officials Alan Javellana, Rhodora Mendoza, Maria Ninez Guanizo and Victor Cacal, Philippine Social Development Foundation, Inc. (PSDFI) employees Evelyn de Leon, Noel Macha, John Raymund De Asis and John Bernardo, together with Janet Lim Napoles and former Energy Regulatory Commission Chairperson Zenaida Ducut.
In affirming the charges, Ombudsman Morales emphasized that “the finding of probable cause against the aforementioned respondents was based on reasonable belief in light of the facts and circumstances established by the evidence at hand.”
The Office of the Ombudsman found that Pingoy’s PDAF worth P20.91M was coursed through PSDFI and Social Development Program for Farmers Foundation, Inc. (SDPFFI), using TRC and NABCOR as implementing agencies. Investigation disclosed that the projects nominated as financial assistance for farm implements, livelihood materials and trainings turned out to be ‘ghost” projects as borne out by the Commission on Audit report and testimonies of the whistleblowers.
Rep. Pingoy was also found to have pocketed commissions and kickbacks amounting to P6.755M 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.###