Dismissed North Cotabato Vice Gov. Gregorio Ipong faces a second set of graft and malversation charges over his alleged misuse of P5 million in pork barrel funds in 2007 when he was still a member of the House.
In a statement issued on Wednesday, Ombudsman Conchita Carpio Morales ordered the filing of the charges against Ipong and Technology Resource Center (TRC) executives Dennis Cunanan, Antonio Ortiz, and Marivic Jover.
They were indicted for one count each of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act and committing malversation under the Revised Penal Code.
An investigation conducted by the Office of the Ombudsman showed that Ipong in 2007 endorsed the Aaron Foundation Philippines Inc. (AFPI), a nongovernment organization, as the partner of TRC in implementing a P5-million livelihood project financed by his Priority Development Assistance Fund (PDAF).
But the investigation revealed that the pork barrel projects were non-existent.
AFPI also had a dubious track record and was not qualified to implement Ipong’s livelihood project for the following reaons:
- The NGO had no business permits from 2004 to 2009.
- Its listed business address is located in a vacant lot used as storage for equipment.
- The NGOs capital stock is only P68,000
- Its net losses and net savings during the period 2006-2007 reflected the amounts of P750 and P5,840, respectively.
The Office of the Ombudsman also found Ipong and Jover administratively liable for grave misconduct and conduct prejudicial to the best interest of the service and thus ordered their dismissal from service and perpetual disqualification from holding public office.
In case of separation from the service, the penalty is convertible to a fine equivalent to the respondent’s one-year salary.
In appealing the indictment, Ipong said he was not in charge and was merely an “endorser” of the pork barrel fund project.
But Morales, citing Supreme Court jurisprudence, said Ipong as the lawmaker had control and custody over the PDAF and was therefore accountable over the anomalous use of the PDAF.
“(U)nder the Congressional Pork Barrel System, it is the legislator that exercises actual control and custody of the PDAF share allocated to him by appropriations statute,” Morales said. “Simply put, Ipong had control and accountability over the P5M regular PDAF allocation.”
Earlier, Morales also affirmed Ipong’s indictment in his first set of pork barrel scam charges, which involves P10 million of PDAF for a project in 2007 that was also supposed to be implemented by AFPI.
Morales dismissed Ipong in 2016 in connection with his first indictment. /atm
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