Ombudsman charges deceased solon, 7 others

Although he died on Feb. 28, state prosecutors have charged former Maguindanao 2nd District Rep. Simeon Datumanong before the Sandiganbayan for the alleged misuse of his P3.686-million pork barrel funds from 2012 to 2013.

The court cases for two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act will proceed against his codefendants.

The criminal liability of a person is extinguished by his death, although the antigraft court still usually tries his coaccused as his coconspirators in a given scheme.

The cases arose from the alleged diversion of Datumanong’s Priority Development Assistance Fund allocations to the nongovernment organization (NGO) Maharlikang Lipi Foundation Inc. (MLFI).

Without public bidding

The lawmaker allegedly endorsed MLFI to be the NGO partner for his livelihood projects without public bidding as required by the Government Procurement Reform Act and pertinent budget circulars and Commission on Audit rules.

Datumanong allegedly authorized former National Commission on Muslim Filipinos (NCMF) secretary Mehol Sadain, as head of the implementing agency for his projects, to release his fund to MLFI.

The congressman even joined Sadain in entering into a memorandum of agreement with MLFI president Gracita Cecilia Mascenon-Sales for the purported implementation of the projects.

Datumanong even allegedly signed the accomplishment reports filed by the NGO.

Datumanong’s coaccused, besides Sadain and Sales, were then-NCMF director Galay Makalinggan, acting chief accountant Fedelina Aldanese, acting chief Aurora Aragon-Mabang and cashier Olga Galido, as well as MLFI project manager Queenie Rodriguez.

Prosecutors recommended that bail be set at P60,000 each.

Datumanong on Feb. 28 died of cardiac arrest, yet the charge sheets dated June 5 were still prepared against him by Graft Investigation and Prosecution Officer M.A. Christian Uy.

Ombudsman Conchita Carpio Morales approved the charge sheets on July 13 and these were finally filed in the Sandiganbayan on Oct. 20.