The Sandiganbayan has found probable cause to hold former Davao Del Sur Rep. Marc Douglas Cagas IV on trial for his second set of pork barrel scam charges.
In a resolution promulgated July 10, the anti-graft court Third Division denied the motion to quash of Cagas IV to dismiss his charges for violations of Section 3(e) of Anti-Graft and Corrupt Practices Act, malversation, and malversation through falsification of public documents.
READ: Ex-Davao Rep. Cagas seeks dismissal of pork barrel scam raps
The anti-graft court said it examined the Ombudsman’s resolution and the attached documents and found that “more likely than not, the crimes charged have been committed and that the accused are probably guilty thereof.”
The court thus ordered the issuance of an arrest warrant against Cagas IV and his co-accused.
The court said other matters of the case, such as existence of conspiracy, his alleged lack of participation in the crime, the alleged forgery of his signatures, among others “are all matters of defense and are evidentiary in nature” that should be tackled on trial.
“They are best left for the court to resolve after a full-blown trial on the merits,” the court said.
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 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 allegedly non-existent.
His quashal motion on that case had also been denied.
READ: Sandiganbayan indicts Cagas over pork scam
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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