Former Agrarian Reform Secretary Nasser Pangandaman. JESS YUSON
Janet Lim-Napoles received an advance of P300 million from a P900-million request by the Department of Agrarian Reform (DAR) for assistance to victims of tropical storms in 2009, according to official documents supporting a plunder complaint in the Office of the Ombudsman.
The documents were filed by the Department of Justice and the National Bureau of Investigation in the case stemming from the alleged misuse of the multibillion-peso Malampaya Fund representing the government share of proceeds from oil and gas production off Palawan province.
According to the documents, the Department of Budget and Management (DBM) issued a notice of cash allocation (NCA) on Dec. 21, 2009, covering the request for the P900 million from the Malampaya Fund for assistance to agrarian reform beneficiaries affected by Tropical Storms “Ondoy” and “Pepeng.”
But the papers said that Agrarian Reform Secretary Nasser Pangandaman had earlier authorized the release of P300 million from Land Bank of the Philippines to 12 nongovernment organizations (NGOs) controlled by Napoles even before the NCA was issued. Normally, the issuance of the NCA triggers the release by the DBM of the fund requested.
According to the complaint, the P900 million ended up in ghost projects and kickbacks.
Charged in the Malampaya Fund plunder case filed last October were former President Gloria Macapagal-Arroyo, Executive Secretary Eduardo Ermita, Pangandaman and his undersecretary Narciso Nieto, Budget Secretary and now Camarines Sur Rep. Rolando Andaya Jr., his undersecretary Mario Relampagos, and 19 others.
Also charged in the case was Napoles, the detained businesswoman who earlier was implicated in a P10-billion scam involving the alleged misuse of the Priority Development Assistance Fund (PDAF) meant to ease poverty in the countryside.
Signatures of 97 city and municipal mayors for supposed projects to be funded from the Malampaya Fund were all fake, according to the documents.
“The DAR issued 32 checks between Nov. 26 and Dec. 3, 2009, with a total amount of P300 million to Napoles’ NGOs even before the DBM could actually release the money to the agency,” according to one document.
Pangandaman, in a letter to Andaya dated Dec. 17, 2009, requested that the DBM issue an NCA for P900 million “for payment of current due and demandable obligations.” He said the total amount for the projects covered by amount had been fully spent by the time.
The documents also showed that Andaya granted Pangandaman’s request despite the objection by Nora C. Oliveros, then DBM director, because the agrarian reform secretary’s request did not have documentary support.
In the NBI complaint, Arroyo was implicated for intentional or gross negligence in the use of and access to an essentially presidential discretionary fund, making possible the plunder of the fund.
Former employees of Napoles, led by Benhur Luy, in their sworn statements said Pangandaman received a P75-million kickback from the transactions.
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