Ex-lawmaker faces graft raps over pork misuse

Former Maguindanao Rep. Simeon Datumanong ERIK ARAZAS

Ombudsman Conchita Carpio Morales has ordered the filing of graft charges against former Maguindanao Rep. Simeon Datumanong over the misuse of P3.8 million in 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 on 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 Maharlikang Lipi Foundation Inc. (MLFI), as the partner nongovernment organization for livelihood projects in the municipalities of Mamasapano, Ampatuan and Datu Abdullah Sanki.

The Ombudsman, in a resolution dated Dec. 8, cited the finding of the Commission on Audit (COA) that the selection of the partner NGO was done without going through public bidding, in violation of COA Circular No. 2007-01.

Morales also cited the “extraordinary accommodation extended to MLFI” by the NCMF officials when they examined, processed and approved the releases from the Priority Development Assistance Fund (PDAF), a pork barrel that finances pet projects of lawmakers.

The accommodation was supposedly shown by the unnumbered and undated disbursement vouchers, as well as the issuance of a check even before the signing of a memorandum of agreement for soap-making, candle-making and meat-processing programs.

Morales rejected Datumanong’s contention that her office should await a final determination by 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 was not bound by the finality of any COA report, because this was “irrelevant to the investigation to determine the existence of probable cause.”

Neither did Morales 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 postenactment authority and they were considered to have custody and control of the PDAF-funded projects,” she said.

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 NCMF officers for the alleged misuse of the PDAF.

They were earlier named among the respondents in the September resolution that indicted Sen. Gregorio Honasan II for the alleged misuse of P29.1 million for livelihood projects targeting Muslims in Metro Manila and Zambales, also in 2012.