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Ex-Rep. Niel Tupas Jr. charged with graft, malversation over 'pork' misuse
Ombudsman Conchita Carpio Morales has ordered the filing of graft and malversation charges against former Iloilo representative Niel Tupas Jr. in connection with the alleged misuse of his pork barrel during his stint as lawmaker.
Tupas is facing two counts of graft, one count of malversation, and one count of malversation through falsification of public documents for the alleged
anomalous allocation of his Priority Development Assistance Fund (PDAF), the formal name of pork barrel, worth P5 million in 2008.
Aside from Tupas, also facing the same charges before the Sandiganbayan are former National Agri-Business Corporation (NABCOR) officials Alan Javellana, Rhodora Mendoza, Romulo Relevo, and Ma. Julie Villaralvo-Johnson, and Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. (KKAMFI) project coordinator Marilou Antonio.
Tupas led the team of House members and private prosecutors who, in 2011, charged then-Supreme Court Chief Justice Renato Corona with betrayal of public trust, graft and corruption, and culpable violation of the Constitution, leading to his impeachment and later on conviction.
Morales, who was then less than a year in her appointment as Ombudsman, was one of the prosecution's witnesses in Corona's impeachment case.
According to Morales' order, Tupas requested the Department of Agriculture, in a letter dated May 15, to transfer P5 million to NACBOR for the implementation of projects covered by his PDAF with KKAMFI as project partner.
Ombudsman investigators, however, found out that the projects were non-existent while farmers denied receiving any assistance from the non-government organization.
They also found out that liquidation documents were fabricated with Tupas' signature in the endorsement letter assuring the implementation of the project.
“To be able to repeatedly release substantial funds from the PDAF, access thereto must be made available, and this was made possible by Tupas, Jr. who directly chose and endorsed his own NGO to implement his PDAF-related projects," the Ombudsman said in its resolution.
"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,” it added.
Morales said the office is convinced the respondents "conspired with one another in this nefarious scheme to misappropriate public funds drawn from Tupas, Jr.’s PDAF.”
“The evident misuse of the PDAF allocations through fictitious or non-existent projects should render respondents liable for Malversation,” she said.
Tupas surprised
For his part, Tupas said he was "surprised" by the resolution of the Ombudsman, saying he was the one who informed the Commission on Audit and concerned agencies about the irregularities of the project.
"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 in a statement sent to reporters.
"I was the one who alerted COA about it and I asked the government agency concerned to withhold the release of fund. I also wrote the Ombudsman informing the office of our discovery of spurious documents that were used to facilitate the release of fund," he added.
Tupas said his lawyers will file a motion for reconsideration with the Ombudsman. —KBK, GMA News
