Farmers' group files plunder raps vs PNoy

MANILA, Philippines - Farmers' group Kilusang Magbubukid ng Pilipinas (KMP) on Wednesday filed plunder charges against President Benigno Aquino III and two members of his Cabinet over the pork barrel scam.

Charged along with the President were Budget Secretary Florencio Abad, Agriculture Secretary Proceso Alcala, Agriculture Undersecretary Antonio Fleta, Alcala’s head executive assistant Arnulfo Mañalac, Salvador Salacup, Budget Undersecretary Mario Relampagos, businesswoman Janet Lim-Napoles and his brother John Lim, whistleblower Merlina Suñas, and several John and Jane Does.

KMP secretary general Antonio Flores said the plunder charge against President Aquino and his top Cabinet officials is "an acid" test to Ombudsman Conchita Carpio-Morales.

“The Ombudsman has the power to investigate even a sitting President and the Filipino people have every right to know his participation in the pork barrel scam. Aquino cannot hide under the mantle of presidential immunity,” Flores said.

The KMP complaint stated that “the respondent President Benigno Simeon Aquino III is being charged in this case by virtue of the Doctrine of Qualified Political Agency. The acts committed by the department secretaries under the Executive Department are deemed acts of the President.”

“Moreover, since there was no reprobation or disapproval coming from President Aquino regarding their actions, it can be easily inferred that the President acquiesced to such acts.  And under the Constitution, this Office has the power to investigate or conduct an independent investigation even of a sitting President to determine his complicity on the offenses charged for purpose later on of filing an impeachment case against him,” it said.

Flores said that uring the Arroyo administration, the Ombudsman rejected the people’s demand to investigate the sitting President.

"Secretary Alcala is the current Secretary of the Department of Agriculture. He is being charged for the commission of Violation of Republic Act 7080 or the Anti-Plunder Law; Violation of Republic Act 9184 or the Government Procurement Reform Act; Violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act; Violation of Republic Act 6713 or the Code of Conduct and Ethical Standards for Government Officials and Employees; Malversation of Public Funds; and Grave and Serious Misconduct as it is under his watch that the systematic and deliberate pillage of public funds, in billions of pesos, happened," Flores said.

“His complicity to the commission of these offenses is also established by his appointment to various sensitive positions in the Department of Agriculture of the operators of the scam, which made possible the commission of the offenses undetected. He also acquiescence and approved various Memorandum of Agreements to several local government units and allowed the proliferation of non-government organizations (NGOs) through which public funds are squandered," Flores added.