Ex-Davao Sur solon seeks dismissal of pork scam raps
Former Davao del Sur congressman now governor Marc Douglas Cagas sought for the dismissal of his graft, malversation and direct bribery charges over his alleged involvement in the pork barrel scam for lack of probable cause.
He was charged with two counts graft and malversation for allegedly spending his P16 million Priority Development Assistance Fund (PDAF) to ghost projects in 2007 through the bogus foundations of accused mastermind Janet Lim-Napoles.
READ: Jailed Davao del Sur gov indicted for pork barrel scam
He was accused of graft for causing undue injury to government in the ghost pork barrel fund projects, and of malversation for misappropriating the public funds.
He was also 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. (PSDFI) without public bidding to implement his P16 million pork barrel projects.
In his motion for judicial determination of probable cause filed before the Sandiganbayan Second Division, Cagas said the charges should be dismissed because there is no evidence on record that he knew personally and conspired with Napoles and other respondents to “malverse” his pork barrel funds.
Cagas also said there is also no proof that he received kickbacks from the alleged ghost pork barrel projects.
He laid the blame instead on the implementing agency Technology and Livelihood Resource Center (TLRC) which has a final say on the selection of foundations as project partners.
He denied endorsing the bogus Napoles foundations to TLRC.
Cagas said there is no evidence on record to prove the existence of probable cause in his malversation, graft and direct bribery charges.
He said he is not an accountable officer over the PDAF and that he had no participation in the release of the PDAF by the Department of Budget and Management.
“The releases of the funds to CARED and PSDFI were likewise beyond the authority of the accused. Accused’s PDAF funds never passed through his hands,” Cagas said in his motion.
He pointed at the TLRC which received and had control over the PDAF and thus had the authority to choose the NGO project partner.
There is also no “iota of evidence” showing that he misappropriated his PDAF for personal use and benefit.
“Not being the accountable officer or the custodian, much less the source of the fund and not even the entity charged with the release of the same, accused cannot be held liable for malversation,” Cagas said.
Cagas again pinned the blame on the TLRC for failing to check the status of the bogus Napoles foundations in refuting the graft charges filed against him.
He said that it was not in his capacity as then Davao del Sur congressman to ensure that there is public bidding in the procurement of his pork barrel fund projects and to check the accreditation and qualifications of the NGO project partners.
His graft charge involved allegedly causing undue injury to government when his pork barrel projects were awarded to the bogus and unqualified project partners without the benefit of public bidding.
Finally, to refute the direct bribery charge, Cagas said there is no evidence on record to show he received the P9.3-million kickback from Napoles through alleged agent Zenaida Ducut, a former Energy Regulatory Commission chair and Pampanga congresswoman.
Cagas said the Ombudsman erred in relying on the testimony of pork barrel scam whistleblower Benhur Luy, who the lawmaker alleged has a “propensity to fabricate falsehoods” after admitting to forging documents in the scam.
“The accused never received any rebates, commissions, and/or kickbacks from Napoles There is utterly no evidence on record to prove the contrary,” Cagas said.
Cagas said there is no proof he conspired with the alleged pork barrel scam personalities to cause undue injury to government and malverse public funds for personal benefit.
“On account of the patent dearth of evidence pointing to accused as author or conspirator in the alleged criminal act/s, the dismissal of the instant criminal cases is imperative,” Cagas said.
Cagas was earlier detained in connection with the 2010 murder of journalist Nestor Bedolido. He was allowed to post bail last year.
READ: Ex-governor Cagas linked to newsman’s killing jailed | Jailed Davao Sur governor walks free after posting bail
Besides Cagas, his son former Davao del Sur congressman Marc Douglas Cagas IV also faces two sets of pork barrel scam charges before the Sandiganbayan.
Cagas IV’s first set of malversation and graft charges involved allegedly 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 ghost pork barrel projects.
READ: Ex-Davao del Sur solon, Ducut charged with malversation, graft
His second set of pork barrel scam charges involved two counts of graft, one count of malversation, and another count of malversation through falsification of public documents for allegedly channeling P5.4 million PDAF to the implementing agency Technology Resource Center with project partner Farmerbusiness Development Corp to implement ghost projects for kickbacks again under the Napoles scam.
READ: Ex-Davao Rep. Cagas seeks dismissal of pork barrel scam raps
