Office of the Ombudsman. INQUIRER FILE PHOTO / NINO JESUS ORBETA
Former Misamis Occidental 1st Dist. Rep. Marina Clarete has been formally charged before the Sandiganbayan for diverting her pork barrel funds to seven ghost projects and allowing dubious foundations to pocket P62.63 million.
Clarete was charged with 18 counts of graft, seven counts of malversation, and 11 counts of the complex crime of malversation through falsification.
Subject to court affirmation, the Office of the Ombudsman wanted her to be held without bail for the offense of malversation through falsification. Meanwhile, the bail for the other cases total P820,000.
The no-bail recommendation for malversation through falsification also goes for former Agriculture Secretary Arthur Yap, who is now Bohol 3rd District representative.
Yap was implicated in one of the seven projects being assailed by the Ombudsman and was named coaccused for two counts of graft, and one each of malversation and malversation through falsification. The bail recommendation for graft and malversation total P100,000.
The Ombudsman accused Clarete of irregularly endorsing Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. (KKAMFI) for five projects funded by her Priority Development Assistance Fund from 2007 to 2009.
The other non-government organizations tapped as partners for one project each were Kasangga sa Magandang Bukas Foundation, Inc. (KMBFI) and Aaron Foundation Philippines, Inc. (AFPI).
Clarete allegedly disregarded the appropriations laws and the Government Procurement Reform Act for selecting the NGOs without the benefit of public bidding. The said foundations were also found to be unaccredited and unqualified to take on the projects.
The implementing agencies — National Agribusiness Corp. (Nabcor), National Livelihood Development Corp. (NLDC), and Technology Resource Center (TRC) — were faulted for failing to examine and verify the NGOs’ credentials before releasing Clarete’s PDAF proceeds for the projects.
The projects turned out not to have been implemented too, allowing the officials of KKAMFI, KMBFI and AFPI to allegedly pocket P45.59 million, P11.64 million and P5.4 million in payments respectively.
To hide the fictitious nature of the transactions, the NGOs allegedly fabricated sales invoices, delivery receipts, disbursement and liquidation reports, and lists of beneficiaries to respective implementing agencies. Some of these documents were certified correct by Clarete herself.
In Yap’s case, he supposedly entered the first memorandum of agreement with KKAMFI for one project in 2009, before Clarete and Nabcor officials struck a second MoA.
Marilou Antonio of KKAMFI and KMBFI was the private individual named Clarete’s coaccused in the most number of cases: 14 counts of graft, nine of malversation through falsification, and five of malversation.
Defendants from Nabcor include: president Alan Javellana, vice-president for administration and finance Rhodora Mendoza, human resources supervisor Encarnita-Cristina Munsod, chief accountant Ma. Julie Villaralvo-Johnson, support services manager Romulo Relevo, general services supervisor Victor Roman Cacal, and bookkeeper Maria Ninez Guañizo
Accused officials of the NLDC include: president Gondelina Amata, accounts servicing and asset management group director Emmanuel Alexis Sevidal, director Evelyn Sucgang, asset management division chief Gregoria Buenaventura, chief budget specialist Ofelia Ordoñez, chief financial analyst Sofia Cruz, director for finance and administrative group Chita Jalandoni, and budget officer Filipina Rodriguez.
TRC officials held liable for the cases were: director-general Antonio Ortiz, deputy director-general Dennis Cunanan, technology and livelihood information dissemination services group manager/legislative liaison officer Maria Rosalinda Lacsamana, corporate support services group manager Francisco Figura, financial planning and monitoring division budget officer Consuelo Lilian Espiritu, and chief accountant Marivic Jover.
Also named coaccused were the following private individuals: Marilou Ferrer, Allen Calma, Pio Ronquillo, Flerida Alberto, Maria Paz Vega, Rodrigo Doria, Ma. Nerizan Gador, and Godofredo Roque.
The case informations, totaling 161 pages and signed by Graft Investigation and Prosecution Officer IV M.A. Christian O. Uy, were raffled off to the Sandiganbayan Third Division, chaired by Presiding Justice Amparo M. Cabotaje-Tang. CBB