Former DoJ chief Devanadera defends self vs graft allegations

Former Justice Sceretary Agnes Devanadera is facing graft charges filed against her by the Office of the Ombudsman. Lyn Rillon/INQUIRER file photo

MANILA, Philippines — Former Justice Secretary Agnes Devanadera maintained that she did nothing irregular while she was head of the Office of the Government Corporate Counsel (OGCC).

In an interview, Devanadera answered point by point the eight counts of graft and malversation filed against her by the Office of the Ombudsman, through acting Ombudsman Orlando Casimiro.

Facing similar charges are Assistant Government Corporate Counsel Jose Marie Capili and former accountant Divina Gracia F. Cruz while former head executive assistant Rolando B. Faller is facing two counts each of graft and malversation.

Devnadera has been accused of allegedly withdrawing P500,000 and Faller P200,000 lawyer’s’ fees out of the special assessment fees from the Government Service Insurance System 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 Casimiro said that neither of the two was entitled to such payment because it violated 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 P50,000 withholding tax) was also deposited to her personal account while Faller encashed the check for P180,000 (after P20,000 withholding tax).

Devanaera told INQUIRER.net that the OGCC was authorized to collect fees earned for delivering services.

Devanadera said that it was based on PD 1415 and the Administrative Code of 1987 and it has been what her predecessors have been doing.

In her case, Devanadera said that she was able to collect P11.845 million from a litigated case.

The OGCC rules state that handling lawyers get 60 percent, 30 percent from the employees and staff who helped the case while the 10 percent is discretionary, said Devanadera.

Devanadera said she got about P7 million but “only disbursed 700,000 — the P500,000 for me less 10 percent tax.”

“The rest, I used to give benefits to employees and lifetime IBP (Integrated Bar of the Philippines) membership to lawyers, we bought new equipments and because of that we managed to sustain zero backlog of cases,” Devanadera said.

“If they will charge me, they have to also charge those before my term because it has been a practice because it is allowed,” Devanadera said.

Devanadera was also accused of receiving P100,000 and P30,000 for Faller for the purchase of reading materials.

Devanadera said that she advanced the money to buy the books for OGCC.

“The Commission on Audit even said there is nothing wrong with the purchase although the documentations are incomplete because the one in charge migrated to New Zealand I think,” Devanadera said.

But she noted that the Ombudsman resolution itself noted that the reading materials were in the OGCC premises.