Ex-DoJ chief Devanadera faces graft, malversation charges before Sandiganbayan

MANILA, Philippines—Acting Ombudsman Orlando Casimiro has approved the filing of eight criminal charges against former Justice Secretary Agnes Devanadera before the anti-graft court Sandiganbayan for allegedly granting illegal allowances for herself and her staff in 2007 during her stint as government corporate counsel.

In a resolution released June 1, Casimiro approved the filing of four counts of violation of the anti-graft law and another four counts of malversation of public funds before the Sandiganbayan.

At the same time, Casimiro affirmed the recommendation of Prosecutor Camilo S. Correa that Devanadera be perpetually banned from holding government position.

Also charged were Assistant Government Corporate Counsel Jose Marie Capili and former accountant Divina Gracia F. Cruz, as well as former head executive assistant Rolando B. Faller, who is facing two counts each of graft and malversation.

The prosecution recommended P280,000 total bail bonds for Devanadera, Capili and Cruz and P140,000 for Faller.

OGCC Ariel J. Ubiña, graft investigators Eugenio Ferrer and Corinne Joie Garillo, as well as government auditors Rosalinda Albania, Lourdes B. Lim and Sylvia S. Sagge, were listed as principal witnesses for the prosecution.

Auditors said the accused conspired in 2007 to push for the release of P100,000 to Devanadera and P30,000 to Faller out of the special assessment fee put up by the Government Service Insurance System (GSIS).

The Ombudsman said the sums were released supposedly “for the purchase of reading materials to aid them in the discharge of their functions” but that neither Devanadera nor Faller actually made any purchase.

Records obtained by investigators, however, showed that Devanadera deposited the Land Bank check to her personal account numbered 244-536369-6 on Feb. 13, 2007, while Faller reportedly encashed his check on the same date.

At the same time, Devanadera also allegedly managed to withdraw P500,000 and Faller P200,000 as attorneys’ fees out of the special assessment fees from GSIS on Jan. 23, 2007.

The amounts were reportedly paid out in connection with the OGCC’s representation in the GSIS real estate foreclosure project.

But the Ombudsman maintained that neither of the two was entitled to such payment because it runs contrary to the provisions of Section 10, Chapter 3, Title IV, Book IV of the Administrative Code of 1987 and the 2004 OGCC Office Order No. 0006.

Investigation showed that Devanadera’s check for P450,000 (after a P50,000 tax was withheld) was also deposited to her personal account while Faller encashed the check for P180,000 (minus the P20,000 withholding tax).