Office of the Ombudsman (Photo by NOY MORCOSO/Inquirer.net)
Ombudsman Conchita Carpio-Morales has ordered the filing of graft charges against former Maguindanao 2nd District Rep. Simeon Datumanong over the misuse of ₱3.8-million pork barrel funds in 2012.
Datumanong may be haled to the Sandiganbayan for two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, the Ombudsman’s media bureau announced Tuesday.
Several officials of the implementing agency National Commission on Muslim Filipinos (NCMF) face one count each.
The indictment arose from the lawmaker’s alleged request to course the funds through Maharlika Lipi Foundation, Inc. (MLFI), as the partner non-government organization for livelihood projects in the municipalities of Mamasapano, Ampatuan and Datu Abdullah Sanki.
The Ombudsman, in a resolution dated Dec. 8, cited the Commission on Audit’s (COA) finding that the selection of the partner NGO was done without going through public bidding, in violation of COA Circular No. 2007-01.
She also cited the “extraordinary accommodation extended to MLFI” by the NCMF officials when they examined, processed and approved the Priority Development Assistance Fund releases.
This was supposedly shown by the unnumbered and undated disbursement vouchers, as well as the issuance of a check even before the signing of the memorandum of agreement for the soap-making, candle-making and meat-processing programs.
Morales rejected Datumanong’s contention that her office should await a final determination by the COA on whether the funds were mismanaged.
She invoked the “virtually plenary investigatory powers” granted to the Ombudsman by the Constitution and by law. She added that the Ombudsman is not bound by the finality of any COA report, because this is “irrelevant to the investigation to determine the existence of probable cause.”
Morales also did not give weight to Datumanong’s insistence that his signatures were forged. Instead, she cited Supreme Court jurisprudence that stressed that a legislator “exercises actual control and custody” of his allocated PDAF share.
“The truth is, Datumanong was aware that, under the Pork Barrel System, legislators exercised post-enactment authority and they were considered to have custody and control of the PDAF-funded projects,” she ruled.
Facing charges for one count each of graft are NCMF Commissioner Mehol Sadain, acting chief accountant Fedelina Aldanese, acting chief Aurora Aragon-Mabang, cashier Olga Galido, Queenie Rodriguez and Director III Galay Makalinggan. Gracita Cecilia Mascenon-Sales of MLFI also faces one count of graft.
This is the second indictment of Sadain and most of the other aforementioned NCMF officers for the alleged misuse of PDAF. They were earlier named among the respondents in the September resolution that indicted Senator Gregorio Honasan II for the alleged misuse of ₱29.1-million for livelihood projects targeting Muslims in Metro Manila and Zambales, also in 2012. RAM/rga
RELATED STORIES