Ex-Davao Rep. Cagas seeks dismissal of pork barrel scam raps
Former Davao Del Sur Rep. Marc Douglas Cagas IV asked the Sandiganbayan to dismiss for lack of probable cause his pork barrel scam charges.
In his motion for judicial determination of probable cause filed before the Sandiganbayan Third Division, Cagas said there is no probable cause for the court to try him for two counts of violations of Section 3(e) of the anti-graft law, one count of malversation, and another count of malversation through falsification of public documents.
Cagas is accused of channeling P5.4 million Priority Development Assistance Fund (PDAF) to the implementing agency Technology Resource Center with project partner Farmerbusiness Development Corp to implement ghost projects for kickbacks under the scheme of pork barrel scam mastermind Janet Lim-Napoles.
Cagas said there is no proof that he identified the implementing agency which implemented the ghost projects.
Cagas further claimed that the questioned PDAF “never passed through his hands,” and that the mere identification of the PDAF projects “does not result into effective control over the PDAF allocations.”
He said he is not an accountable officer to be held liable for malversation.
Cagas also denied selecting any nongovernment organization to implement his pork barrel projects, and that his mere endorsement of the NGO does not amount to a criminal act.
He also alleged that his signature on the letter supposedly endorsing the bogus nongovernment organization was forged.
Cagas blamed instead the implementing agency and the NGO as those accountable and should be held liable for any fund anomaly.
Cagas also denied conspiring with the other officials and denied knowing any of them.
“On account of the patent dearth of evidence pointing to accused as author or conspirator in the alleged criminal acts, the dismissal of the instant criminal cases is imperative,” Cagas said.
Cagas IV already faces a first set of malversation and graft charges for coursing his P7.55 million PDAF in 2008 to the bogus Social Development Program for Farmers Foundation Inc. (SDPFFI) and People’s Organization for Progress and Development Foundation Inc. (POPDFI) to implement his projects which were non-existent.
His father, former congressman now governor Marc Douglas Cagas also faces graft, malversation and direct bribery, this time involving his P16 million ghost pork barrel fund projects in 2007.
The elder Cagas was charged with direct bribery for allegedly receiving P9.3 million from Napoles for endorsing the bogus foundations Countrywide Agri and Rural Economic Development Foundation Inc. (CARED) and Philippine Social Development Foundation Inc. without public bidding to implement his P16 million pork barrel project. JE
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