MANILA, Philippines — Ombudsman Conchita Carpio Morales has affirmed the filing of graft and malversation charges against ex-Representative Alvin Sandoval of the lone district of Malabon and Navotas Cities, for misappropriating his Priority Development Assistance Fund (PDAF) allocation from 2007 to 2009 totaling to P30M for non-existent livelihood projects.
In a 12-page Order, Ombudsman Morales directed the immediate filing of 3 counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, and 3 counts of Malversation of Public Funds against Sandoval with the Sandiganbayan. Also impleaded are Technology Resource Center (TRC) officials Antonio Ortiz, Dennis Cunanan, Maria Rosalinda Lacsamana, Marivic Jover and Consuelo Espiritu, Dr. Rodolfo A. Ignacio Sr. Foundation, Inc (DRAISFI) Director Rolleo Ignacio, Pangkabuhayan Foundation, Inc. (PFI) President Petronila Balmaceda and Secretary Fernando Balmaceda, and Jacinto Caster Borja Foundation, Inc.(JCBFI) President Roberto Agana.
In sustaining the finding of probable cause, Ombudsman Morales reiterated that Sandoval, by reason of his office, exercises control and custody over his PDAF. This allows him, “whether directly or through his or her staff, to participate in the release of the subject funds and in the implementation of PDAF projects,” she added.
In a Resolution issued in July 2015, the Ombudsman found that Sandoval’s PDAF worth P30M was unlawfully channeled to DRAISFI, PFI and JCBFI using TRC as implementing agency. DRAISFI and PFI received P5M each, while JCBFI received P20M. Investigation uncovered that the projects supposedly funded by Sandoval’s PDAF were actually non-existent. The barangay captains, including city agriculturists of the affected district, denied the conduct of any livelihood skills trainings in their jurisdictions as well as the receipt of any livelihood and agricultural materials/kits. Even the list of beneficiaries was spurious. The claims for disbursements/payments were supported with falsified documents and the suppliers named therein were also non-existent or had no business permits.
Under Section 3(e) of R.A. No. 3019, public officials are prohibited from causing any undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. Malversation, on the other hand, is committed by any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially.
Source: http://www.ombudsman.gov.ph