OMBUDSMAN Conchita Carpio-Morales has ordered the dismissal from service and perpetual disqualification from holding public office the staff of former senator Jose "Jinggoy" Estrada and 13 others for the pork barrel scam.
The Ombudsman found the 14 respondents guilty of grave misconduct, conduct prejudicial to the best interest of the service and dishonesty for the alleged misused of Estrada's Priority Development Assistance Fund (PDAF).
Ordered dismissed were Pauline Therese Mary Labayen from Estrada's office; Antonio Ortiz (Director General, Technology Resource Center); Gondelina Amata (President, National Livelihood Development Corporation); Victor Roman Cacal (Paralegal, National Agribusiness Corporation); Maria Niñez Guañizo (OIC-Accounting Division, NABCOR); Romulo Relevo (General Services Unit head); Ma. Julie Villaralvo-Johnson (Chief Accountant, NABCOR); Rhodora Mendoza (Director, Financial Management Services, NABCOR); Dennis Cunanan (Director General, TRC); Evelyn Sucgang (Director Accounts Management and Development, NLDC); Chita Jalandoni (Department Manager III, NLDC), Emmanuel Alexis Sevidal (Director IV, NLDC); Marivic Jover (Chief Accountant, TRC); and Sofia Cruz (Project Development Assistant IV, NLDC).
The Ombudsman also ordered their perpetual disqualification from holding public office and forfeiture of all retirement benefits. In the event of separation from the service, the penalty is convertible to a fine equivalent to respondent’s salary for one year.
They are also being tried before the Sandiganbayan for their involvement in the anomalous utilization of the 2007 to 2009 PDAF of Estrada.
Actual field validation conducted by the Ombudsman revealed that no deliveries were made to the supposed beneficiaries of livelihood projects supposedly funded by Estrada's pork barrel.
Mayors and municipal agriculturists denied receiving any of the items from Estrada's office, the implementing agencies or any of the NGOs. The documents submitted by the NGOs such as disbursement, progress, accomplishment reports, fund utilization reports, delivery and inspection reports were all fabricated.
During the investigation, whistleblower Benhur Luy submitted records to show that “Estrada received, through Labayen and Ruby Tuason, total commissions, rebates, or kickbacks amounting to at least P183,793,750.00.”
Respondents Labayen, Ortiz and Jalandoni did not submit any counter-affidavit. Meantime, as defense, the other respondents argued that “the filing of the complaints was premature because the Commission on Audit (COA) had yet to issue notices of disallowances on disbursements drawn from the PDAF."
In its Decision, the Ombudsman ruled that “administrative proceedings pertaining to a COA disallowance is distinct and separate from a preliminary investigation in a criminal case which have arisen from the same set of facts. Both proceedings may proceed independently of each other.”
Morales noted that in most instances, the disbursement vouchers (DV) were accomplished, signed and approved on the same day.
"Certainly, the required careful examination of the transaction’s supporting documents could not have taken place if the DV was processed and approved in one day," she said. (SDR/VoxPop Philippines)