The Sandiganbayan Centennial Building in Quezon City. (INQUIRER.net file photo)
MANILA, Philippines — Former North Cotabato Rep. Gregorio Ipong and two officials of the defunct Technology and Livelihood Resource Center (TLRC) were convicted of graft and malversation for a second time for channeling P4.9 million of his “pork barrel,” or his share of the discontinued Priority Development Assistance Fund (PDAF), into a bogus foundation in 2007.
In a 52-page decision made public on Sept. 13, the Sandiganbayan’s Sixth Division found Ipong, former TLRC deputy director general Dennis Cunanan and former TLRC chief accountant Marivic Jover guilty of the charges and sentenced them each to between 16 and 27 years of imprisonment.
The three were also ordered to individually pay P4.9 million, equal to the amount they misused, the Sandiganbayan said.
This was on top of their civil liability, as the court also ordered them to “jointly and severally indemnify the Republic of the Philippines, through the Bureau of Treasury” the same amount of P4.9 million, with interest of 6 percent per year until fully paid.
The three were also banned from holding any government position.
Former Cotabato 2nd Dist. Rep. Gregorio Ipong
The charges originated from the fraudulent transfer of Ipong’s PDAF allocation to Aaron Foundation Philippines Inc. (Afpi), which the court described as a “bogus and nonexistent” nongovernment organization (NGO).
The cases of the other accused, Afpi head Alfredo Ronquillo and former TLRC director general Antonio Ortiz, who are both at large, were archived until their arrest or surrender, the Sandiganbayan said.
Pork barrel refers to lump-sum and discretionary funds earmarked for lawmakers in the national budget for their pet projects.
One of its recent iterations was PDAF, which started during the Estrada administration until the Supreme Court struck it down and all other forms of pork barrel in a landmark 2013 ruling.
Second conviction
It was the second conviction for Ipong, Cunanan, and Jover.
Two years ago, the three were found guilty by the Sandiganbayan’s Third Division of the same charges but in connection with a separate PDAF allocation given to the former Cotabato lawmaker amounting to P9.6 million.
In its decision, the Sandiganbayan said that while there was no direct proof of agreement or cooperation among them in favoring Afpi, the prosecution was able to prove “beyond reasonable doubt the existence of implied conspiracy as can be gleaned from the respective acts and omissions of all the accused.”
“From the appointment of Afpi by accused Ipong to the subsequent processing and ultimate remittance of his PDAF funds by accused Cunanan and accused Jover … these acts were connected and cooperative with the end in view of defrauding the government by allowing Afpi, a bogus and nonexistent foundation, to serve as the implementor of … Ipong’s PDAF-sponsored livelihood project,” according to the decision written by Associate Justice Kevin Narce Vivero.
Associate Justices Sarah Jane Fernandez, the division chair, and Bayani Jacinto concurred in the decision.
Trigger for PDAF documents
The court emphasized that Ipong’s endorsement favoring Afpi as his partner foundation for his PDAF-funded project, without complying with a circular by the Commission on Audit (COA) that required “illustrative accounting” relative to the release of funds to NGOs, was the “trigger” in processing the PDAF documents.
“To solidify the appointment of Afpi, accused Ipong, TLRC and Afpi thereafter executed the tripartite MOA (memorandum of agreement), which again did not conform to the dictates of the aforesaid COA circular,” the Sandiganbayan pointed out.
Ipong had personally selected Afpi as a partner for his PDAF-funded livelihood projects that were supposed to benefit the poor and marginalized residents of his district, the court added.
It also said the agreement between Ipong, TLRC and Afpi “wantonly disregarded” the established rules, regulations and policies of the COA.
“The role played by each of the accused was so indispensable that without any of them, the processing and releasing of accused Ipong’s PDAF would have failed,” the Sandiganbayan said.
“All things considered, the combined acts performed by all of the accused indubitably point to a concerted action aimed to divert public funds sourced through accused Ipong’s PDAF allocation,” the court added.
In their earlier conviction, on Sept. 11, 2020, Ipong and his fellow accused were sentenced to up to 10 years in prison for graft and up to 18 years for malversation. The three were also ordered to pay a P9.6-million fine.
Ipong was among the House lawmakers implicated in the list of the pork scam whistleblower Benhur Luy.
The scam, first exposed in a series of investigative reports by the Inquirer in July 2013, involved the release of billions of pesos in PDAF funds to bogus NGOs for projects through businesswoman Janet Lim-Napoles, with lawmakers receiving kickbacks.
Napoles is now serving a prison term of up to 40 years at the Correctional Institution for Women in Mandaluyong City, after she was found guilty of plunder in 2018, and graft and malversation charges in 2021.
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