Lawmaker faces graft raps over ‘pork’ scam

MANILA, Philippines — Caloocan First District Rep. Oscar Malapitan and former officials of the Department of Social Welfare and Development (DSWD) are facing graft and malversation charges in connection with the alleged misuse of his Priority Development Assistance Fund or PDAF from 2007 to 2009.

In a 25-page complaint filed before the ombudsman yesterday, former Caloocan mayor Reynaldo Malonzo sought a reinvestigation into the disbursement of Malapitan’s pork barrel funds.

Malonzo alleged that Malapitan violated Republic 3019 or the Anti-Graft and Corrupt Practices Act and malversation of public funds under Article 217 of the Revised Penal Code.

The other respondents are former DSWD secretary Esperanza Cabral, undersecretary of General Administration and Support Services Group Mateo Montaño, assistant secretary for Institutional Development Group Vilma Cabrera, director III Pacita Sarino and chief accountant Leonila Hayahay.

Also charged as private respondent was Cenon Mayor, president of the Kalookan Assistance Council Inc. (KACI).

On June 30, 2017, the ombudsman issued a resolution finding probable cause to indict Malapitan, Cabral, Montaño, Cabrera, Sarino, Hayahay and Mayor for graft and malversation of public funds.

On Aug. 9, 2019, the ombudsman granted the motion for reconsideration of Malapitan and the other respondents.

The ombudsman eventually dismissed the complaints filed against them for lack of evidence.

In his affidavit, Malonzo said there were pieces of documentary evidence which were not considered by the ombudsman.

Malonzo pointed out that KACI was among the 82 non-government organizations mentioned in the Commission on Audit (COA)’s report to have received the pork barrel funds.

Malonzo cited two Notices of Disallowance (ND) that the COA issued to the DSWD over the supposed illegal transfer of P3 million and P7 million of Malapitan’s PDAF to KACI.

He also cited a decision issued by COA on Aug. 26, 2020, which denied the appeal of Cabrera and Sarino on two other NDs issued by state auditors regarding the DSWD’s transfer of Malapitan’s pork barrel funds to KACI amounting to P23.06 million.