Malampaya Fund Scam: NBI Files Plunder Raps Vs Gloria Arroyo, Napoles Et al.

Former President Gloria Macapagal-Arroyo, businesswoman Janet Lim-Napoles and 20 others face charges after the National Bureau of Investigation (NBI) on Thursday filed plunder case against them in connection with the alleged misuse of P900 million in royalties from the Malampaya gas fund.

Taking the whistle-blowers’ testimonies, the DOJ said employees of Napoles’ firm JLN Corp. allegedly forged the signatures of 97 mayors so she could take the funds that were intended to help their constituents who had suffered from cyclones Pepeng and Ondoy in 2009, Gma news online said.

“As a result of this whole scheme of diverting the P900 million Malampaya Fund allotted to DAR to Napoles NGOs on the basis of manufactured and fake letter-requests from Mayors and MOAS (memorandum of agreement), kickbacks or commissions amounting to P337,775,000 were distributed all around to public officials,” the complaint read.

Included in the charge were former Executive Secretary Eduardo Ermita, former Agrarian Reform Secretary Nasser Pangandaman and his Undersecretary Rafael Nieto, DAR finance officer Teresita Panlilio, former Budget Secretary Rolando Andaya and his Undersecretary Mario Relampagos, Gma news online report said.

The online news said Pangandaman was alleged to have received P75 million in cash, Panlilio P14 million, and Nieto P6 million.

Reached for comment, Pangandaman’s counsel Leonardo Pastrana has told Gma News Online: “Sorry I am unable to give any comment at this point. We have yet to receive a copy of the complaint-affidavit. But we will certainly address the complaint.

The Napoles-linked NGO presidents and employees included in the plunder complaint were:

Evelyn De Leon
Jesus Castillo of Dalangpan Sang Amon Utod Kag Kasimanwa Foundation
Lilian Espanol of Saganang Buhay sa Atin Foundation
Genevieve Uy of Kasaganahan para sa Magsasaka Foundation
Ronald John Lim of Ginintuang Alay sa Magsasaka Foundation
Eulogio Rodriguez of Gintong Pangkabuhayan Foundation
Lorna Ramirez of Masaganang Buhay Foundation
Ronald Francisco Lim of Micro Agri Business Citizens Initiative
Simplicio Gumafelix of Karangyaan para sa Magbubukid Foundation
John Raymond de Asis of Kaupdanan para sa Mangunguma Foundation
Also included in the complaint was a certain Ruby Tuason for having received P242.775 million for a “still unknown principal,” Justice Sec. Leila de Lima said in a news conference after the filing of charges.

“We believe that the former President and the former executive secretary used Executive Order 848 for the approval of requests made five days before the issuance of the Executive Order. Kaya sa tingin din po namin, sabit din po sila,” de Lima said.

In the second Executive Order,then president Arroyo had authorized the Budget Department to release funds from the Malampaya Gas Project for programs identified by the Palace.

“The release of the SARO (special allotment release order) and the NCA (notice of cash allocation) would not have been possible were it not for the hastily issued EO, which invalidly liberalized the exploitation of the Malampaya fund for purposes not contemplated by existing laws, and the latter’s approval of the request for authority of Secretary Andaya,” de Lima said.

The complaint said “As a result of the conspiratorial acts of DBM and DAR officials with Napoles, said conspirators pocketed the amount or total value of P900 million supposedly intended for the relief operations, rehabilitation, reconstruction and other work and services to areas affected by natural calamities.”

It added “In sum, the DAR Malampaya Fund projects intended to rehabilitate farmer-beneficiary victims of Typhoons Ondoy and Pepeng were all ghost projects with no delivery whatsoever.”

The 39-page complaint stated the NBI recommends to the Office of the Ombudsman that the respondents… be subjected to the corresponding preliminary investigation for purposes of filing the corresponding charges before the Sandganbayan.

Aside from documentary records from the Securities and Exchange Commission and the Department of Agrarian Reform, NBI’s evidence included testimonies of former JLN employees Benhur Luy, Merlina Suñas, Gertrudes Luy, Marina Sula, and Arlene Baltazar. They were with De Lima and NBI officer-in-charge Medardo De Lemos during the filing, Gma news online said.

Also included in the complaint were Candaba Mayor Rene Maglangue, Angelita Cacanta, Nilda Baui, Ronald Venacio, and Dominador Sison, Jr.

Moreover, Arroyo’s chief of staff, Atty. Raul Lambino, said that the former President utilized the Malampaya funds properly during her term.

“As far as the former President is concerned, the twenty-plus billion Malampaya funds were authorized pursuant to the purposes and policies mandated by the provisions of PD (Presidential Decree) 910,” Lambino said through a text message via Gma news online.

The PD 910 Lambino referred is the Marcos order containing guidelines for the disbursement of the Malampaya funds, which are strictly intended for energy-related projects.

Lambino added the Arroyos would wait for the action of the Ombudsman before making their next move.

Malampaya is a natural gas field located in the West Philippine Sea, off northwest Palawan. The project is spearheaded by the Department of Energy and operated by Shell Philippines Exploration B.V. (SPEX), with joint-venture partners Chevron Malampaya LLC and PNOC Exploration Corporation.

Natural gas from Malampaya currently feeds three power plants with a combined capacity of 2,700 megawatts, equivalent to 40 percent of Luzon’s power generation requirements, Gma news online reported.

Source: Gma News Online