Sandiganbayan receives new ‘euro generals’ probe report

MANILA, Philippines - The Office of the Ombudsman has officially informed the Sandiganbayan of the results of its reinvestigation into the so-called euro generals scandal, which recommended the filing of graft and technical malversation charges against nine retired and active senior officials of the Philippine National Police (PNP).

Government prosecutors led by Assistant Special Prosecutor III Joefferson Toribio yesterday filed a manifestation before the anti-graft court’s Fifth Division notifying magistrates of the criminal cases that would be filed against the respondents led by former PNP comptroller Eliseo de la Paz, who is already on trial for alleged violation of Bangko Sentral ng Pilipinas (BSP) laws. 

The Ombudsman gave the Sandiganbayan a copy of its decision which also seeks to indict former PNP officials Emmanuel Carta, then deputy chief for operations; Ismael Rafanan, then chief of the directorial staff; Romeo Ricardo, then director for plans; German Doria, then director for human resources and doctrine development; and Jaime Caringal, then director of Region IX.     

Graft and technical malversation charges were recommended against retired Chief Superintendent Orlando Pestaño, and Senior Superintendents Samuel Rodriguez and Tomas Rentoy III for the illegal disbursement of more than P10 million in PNP intelligence and confidential funds.              

All respondents, as well as several others, were previously cleared of any criminal liability in connection with an incident at the Sheremetyevo International Airport in Moscow, Russia in October 2008.      

The officials were on their way home from attending the 77th International Police (Interpol) general assembly in St. Petersburg, when airport officials barred the De la Paz couple from leaving for carrying 105,000 euros. 

After the reinvestigation, the ombudsman wants all nine respondents to face trial for misuse of public funds and for causing injury to the government, considering the money found in their possession was sourced from PNP confidential and intelligence funds.          

The new special panel of probers created by Ombudsman Conchita Carpio-Morales said the respondents received cash allowances for the trip despite “knowing fully well that the same came from the confidential funds of the PNP.” 

“These respondents are accountable officers inasmuch as they received public funds which they are bound to liquidate,” the panel – composed of prosecutors Toribio, Mary Susan Guillermo, Denis Garcia, Lyn Dimayuga, and Richard Buban – ruled.

“Although these confidential funds were eventually returned by the respondents, the misuse thereof clearly caused undue injury to the government,” they said.

The prosecutors said Pestaño, Rodriguez, Rentoy and De la Paz could not claim good faith or merely obeying the directives of their superiors in the disbursement of the confidential funds as they were fully aware of the illegality of the use of such funds for the Interpol Assembly.     

“It is also undeniable that all of them knew that the amounts of P2,192,560 and P7,000,000 were taken from the intelligence/confidential funds, specifically appropriated by law for the confidential, intelligence and counter-intelligence activities of the PNP for the year 2008. Yet, they still proceeded and/or allowed the use thereof for the travel and contingency expenses of the PNP delegation to Russia,” the prosecutors said.