Former South Cotabato Rep. Arthur Pingoy Jr. and his supposed agent Zenaida Ducut were formally charged before the聽Sandiganbayan聽with malversation, graft and direct bribery for their alleged involvement in the Janet Lim-Napoles聽pork聽barrel聽scam.
The Office of the Special Prosecutor聽on Monday聽filed four counts of graft and four counts of malversation against Pingoy for coursing some P20.9 million of his Priority Development Assistance Funds (PDAF) to the bogus foundations of accused聽pork聽barrel聽scam聽mastermind Napoles.
He was accused of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act, as well as of committing malversation as defined under the Revised Penal Code.
Ducut, a former Energy Regulatory Commission head and former Pampanga representative, was also charged with malversation and graft for allegedly serving as Pingoy鈥檚 agent in receiving kickbacks from Napoles.
Ducut was said to have toured Napoles in the House of Representatives, according to whistleblower Merlina聽Su帽as.
搁贰础顿:听Lady solon accompanied Napoles during House聽pork聽鈥榬ounds鈥欌攚itness聽
Ducut was charged with 鈥渞eceiving kickbacks or share of the聽PDAF聽proceeds for and in behalf of Pingoy,鈥 the prosecution said.
According to the malversation charge, Pingoy was accused of misappropriating through abandonment or negligence his聽pork聽barrel聽funds to Napoles鈥 spurious foundations, such as Social Development Program for Farmers Foundation (SDPFFI) and Philippine Social Development Foundation Inc. (PSDFI) from 2007 to 2009.
He was also charged with graft for causing undue injury to government in coursing his聽pork聽barrel聽funds to the spurious foundations through evident bad faith, manifest partiality and gross inexcusable negligence.
Pingoy through聽 Ducut was likewise charged with two counts of direct bribery for allegedly receiving from Napoles the following bribes鈥擯6.755 million in exchange for his endorsement of Napoles鈥 nongovernment organization PSDFI to receive P19 million of his PDAF in 2007; and聽P300,000 in exchange for his endorsement of Napoles鈥 nongovernment organization SDPFFI to receive his P3-million聽pork聽barrel聽fund in 2008.
Ducut was also charged with two counts of direct bribery for being the alleged agent.
搁贰础顿:听Ducut got P40M as agent for lawmakers
The prosecutors said Pingoy endorsed the bogus foundations to the implementing agencies Technology Resource Center (TRC) and National Agribusiness Corp. (Nabcor), which under the law were supposed to implement the project.
Pingoy also endorsed the foundations although these were not accredited or qualified to implement the projects and although there was no public bidding conducted.
The聽PDAF-funded livelihood projects for the second district of South Cotabato turned out to be fictitious or non-existent, the prosecution said.
Also charged with Pingoy聽were Napoles and her employees Evelyn De Leon, Noel Macha, John Raymund De Asis and John Bernardo, for preparing the acceptance and delivery reports, disbursement reports, project proposal, and other liquidation documents to 鈥渃onceal the fictitious nature of the transaction,鈥 the prosecution said.
The prosecution also charged the former officials of TRC for failing to verify the qualifications of the bogus鈥攄irector general Antonio Ortiz, deputy director general Dennis Cunanan, group manager Francisco Figura and chief accountant Marivic Jover.
The prosecution also charged the following former Nabcor officials鈥攑resident Alan Javellana, former vice president of the administrative and finance department Rhodora Mendoza, former accounting services division officer in charge Maria Ninez Guanizo and former paralegal Victor Cacal.
For expediting the issuance of the special allotment release orders to release聽Pingoy鈥檚聽PDAF, budget undersecretary Mario Relampagos was also charged with his staff Rosario Nu帽ez, Marilou Bare and Lalaine Paule.
According to the charge sheet, the bail is set at P30,000 for each count of graft, P40,000 for each count of malversation and P20,000 for each count of direct bribery.
Pingoy is the last to be charged聽among the second batch of lawmakers sued before the Office of the Ombudsman for their alleged involvement in the scheme of diverting their聽PDAF聽to ghost projects for kickbacks.
搁贰础顿:听Biazon, four others face malversation, graft raps over聽pork聽barrel聽scam聽
Pork charges were already filed before the聽Sandiganbayan聽against former Customs commissioner and Muntinlupa Rep. Ruffy Biazon, former Davao del Norte Rep. Arrel聽Ola帽o,聽Oriental Mindoro Rep. Rodolfo Valencia and former Davao Del Sur Rep. Marc Douglas Cagas IV.
The聽Sandiganbayan聽is hearing the plunder cases, over the聽pork聽barrel聽scam, of Senators Ramon 鈥淏ong鈥 Revilla Jr., Juan Ponce Enrile, and Jose 鈥淛inggoy鈥 Estrada and former Apec party-list representative Edgar Valdez and dismissed Masbate governor Rizalina Seachon La帽ete; as well as the malversation cases against聽former Cagayan de Oro representative Constantino Jaraula, former Benguet representative Samuel Dangwa and former Agusan Del Sur representative Rodolfo Plaza.
搁贰础顿:听Seachon-Lanete walks free, guns for reelection as 3rd-time governor
Revilla and Estrada are detained at the Philippine National Police Custodial Center after their bail petitions were denied, while the elderly Enrile was allowed by the Supreme Court to post bail from hospital detention for humanitarian considerations.
Meanwhile, Valdez and Lanete were allowed to post bail from their detention at Camp Bagong Diwa in Taguig after the prosecution failed to prove that they received millions of kickbacks from Napoles.聽RAM/rga
READ: Napoles, ex-Rep. Valdez granted bail from plunder over聽pork聽barrel聽scam