Ex-Iloilo solon faces raps over 'pork' scam

MANILA, Philippines — Former Iloilo Rep. Niel “JunJun” Tupas Jr. is set to face charges before the anti-graft court Sandiganbayan over his alleged involvement in the multibillion-peso pork barrel scam.

 

In a resolution recently approved by Ombudsman Conchita Carpio Morales, Tupas was ordered charged with two counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, one count of malversation of public funds under Article 217 of the Revised Penal Code and one count of the complex crime of malversation of public funds through falsification of public documents also under the RPC.

 

Also ordered charged with the same offenses were Alan Javellana, Rhodora Mendoza, Romulo Relevo and Ma. Julie Villaralvo-Johnson, all former officials of the now-defunct state firm National Agri-Business Corporation.

Private respondent Marilou Antonio, project coordinator of the non-government organization Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc., was also ordered charged with them.

 

Tupas, a Liberal Party stalwart who served as the lead prosecutor during the impeachment trial of the late Supreme Court Chief Justice Renato Corona, is accused of allocating P5-million worth of his Priority Development Assistance Fund or pork barrel in 2008 to KKAMFI for supposed implementation of agricultural projects in his district, which the ombudsman said, were later found to be “ghosts” or never implemented.

 

Based on the ombudsman investigation, Tupas, through a letter dated May 15, 2008, requested the Department of Agriculture to transfer P5 million of his PDAF to NABCOR for the supposed implementation of his agricultural projects which included the purchase of hand tractors, water pumps and grafted fruit seedlings. NABCOR was a state firm under the DA.

 

Tupas allegedly picked KKAMFI as a partner-NGO of NABCOR for the projects' implementation.

 

The ombudsman said field investigation found that the none of the projects were implemented as the then mayors of the municipalities of Ajuy, Batad, Estancia, Lemery, San Rafael and Sara all denied receiving of any of the farm implements.

 

The ombudsman said the respondents instead fabricated liquidation documents with Tupas himself supposedly signing the list of beneficiaries of equipment and seedlings from his district.

 

“The evident misuse of the PDAF allocations through fictitious or non-existent projects should render respondents liable for Malversation,” the Ombudsman resolution read.

 

“This Office is convinced that they conspired with one another in this nefarious scheme to misappropriate public funds drawn from Tupas, Jr.’s PDAF,” it added.

 

The ombudsman said the release of Tupas' PDAF to KKAMFI would not have pushed through without the active participation of the former lawmaker.

 

“Tupas, Jr. himself issued the requisite endorsement letters and similar documentation addressed to the DA and NABCOR, acts which were necessary to ensure that the chosen NGO would be awarded the project,” the ombudsman said.

In a statement, Tupas maintained that his signature appearing in the spurious documents that led to the release of his PDAF fund was forged.

 

“I'm very surprised by the resolution of the Ombudsman in that case because from the very beginning I took positive steps to inform the COA and the government agencies concerned when I received information that spurious documents allegedly containing my signature were being used to facilitate the release of government funds,” Tupas said.

 

Tupas said he made all the necessary actions to stop the release of his PDAF to NABCOR and KKAMFI after learning about the spurious documents.

 

“I was the one who alerted COA and I asked the government agency concerned to withhold the release of fund. Some of the funds were in fact returned to the national treasury as a result of my letter complaint). I also wrote the Ombudsman informing the office of our discovery of spurious documents that were used to facilitate the release of fund,” he said.

 

“I will ask my lawyers to file an MR (motion for reconsideration) and I hope the Ombudsman will see the light,” he added.