Aquino to face 1,997 malversation cases when he steps down

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[Published June 2, 2016]

OUTGOING President Benigno S. Aquino 3rd should be very worried that President-elect Rodrigo Duterte, according to his incoming Justice Secretary Vitaliano Aguirre 2nd, had ordered him “to “investigate the Disbursement Acceleration Program (illegal funds releases) and look into the liabilities of officials responsible for it.”

Aguirre even noted: “He told me that charges should be filed no matter who gets hurt. There should be no selective justice.”

Well, only two people were responsible for the DAP: Aquino and his Budget Secretary Florencio Abad, Jr. In fact very few in government, even in the budget department, had been aware of it until Senator Jinggoy Estrada in 2013 exposed it, claiming that DAP funds were used to bribe senators to vote Chief Justice Renato Corona guilty in his impeachment trial. According to Estrada, senators voting to remove Corona from office were given P100 million for their “projects,” which, he would later on be told, came from the DAP.

When they invented this DAP, Aquino was at the peak of his popularity and political power, perhaps even more popular than Duterte, since he got 42 percent of the votes, compared with the Davao mayor’s 39 percent. Aquino thought he could get away with anything.

It turned out he was dead wrong. Even if he got to replace the Chief Justice with his handpicked choice (even if she was so very unqualified for the post), the Court ruled the DAP unconstitutional in July 2014.

Worse for Aquino, the Court ordered that “proper tribunals must determine the criminal, civil, administrative and other liabilities of its authors, proponents, and implementors.” Of course, the Ombudsman simply ignored the Court’s decision, and for the opposition and civic-minded Filipinos, it was useless to file cases while Aquino was in power.

Smoking gun – Aquino approves illegal release of funds.

Smoking gun – Aquino approves illegal release of funds.

That is no longer the case, and the nightmare facing Aquino and Abad now is that documentation for their illegal acts is very much available.

The DAP involved 1,997 SAROs or Special Allotment Release Orders, bearing written instructions for the National Treasury to release funds for specific programs and projects.

Aquino authorized the SAROs
While these were signed by Abad or his deputy then, Mario Relampagos, both would claim that this was authorized by Aquino and they would show the four memoranda Aquino signed, which approved the release of funds, such as the June 25, 2012 memorandum that hijacked funds for the use of his home province Tarlac (see accompanying image.) Aquino would, therefore, be accountable and criminally liable for the release of all the 1,977 illegal SAROs .

Since the Supreme Court ruled the DAP unconstitutional, each SARO violated Article IV, Section 29 of the Constitution: “No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.” The projects the SAROs Aquino ordered to be financed from the budget were not in any of the budget laws from 2010 to 2013.

Each SARO would be an instance of technical malversation, and for each, Aquino would be charged under Article 220 of the Revised Penal Code:

“Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law… shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one half to the total of the sum misapplied…”

Prision correccional in its minimum period means a jail term of six months to two years. If cases were filed for each of these 1,997 illegal SAROs, that would mean 1,997 cases against Aquino. Even Ombudsman Conchita Carpio-Morales would not be able to block that flood of cases against him.

Worse, while many patriots would file cases against Aquino in order to strengthen our rule of law, there would be scores of unscrupulous lawyers who would file cases in order to extort money from him in exchange for dropping the cases, asking him to just give them a lower amount than the law’s penalty.

Note that the illegal SAROs ordered a total of P147 billion released to finance projects and programs not in the appropriations law. Aquino and his clan faces the prospect of becoming totally bankrupt if he loses even just a few of the technical malversation cases, since he would be required to pay, as the Revised Penal Code put it, the “fine ranging from one half to the total of the sum misapplied.”

Those familiar with the Sandiganbayan would know that the justices would just love such cases filed at their salas.

At best, Aquino stands to spend a lot of his time in Sandiganbayan courtrooms as soon as he steps down and loses his immunity from suit. At the very worst, if he loses in just a tenth of the 1,997 cases, and penalized with the minimum six months in prison for each count, he’ll be sentenced for 100 years.

P500-M pressure
This is the reason why The Manila Times reported in 2014 that before the Court’s decision on the DAP in July, there were claims that tremendous pressure – especially in the form of financial pressure in the magnitude of P500 million – was being applied on the justices, not particularly on the DAP’s constitutionality, but for them not to mention any criminal liability by its “authors and implementors.”

The Supreme Court’s hands were, in a way tied, because of its decision in November 2012 that dismissed the excuse of “good faith” in a similar technical malversation case by a mayor, which involved only a measly amount of P3,400.

A town mayor in Leyte in 2001 authorized the use of four sacks of rice and two boxes of sardines worth P3,400 to starving workers rebuilding houses destroyed by a typhoon. The rice, though, was from the town’s Supplemental Feeding Program authorized by the Sangguniang Bayan (town council that approved the town’s budget).

The mayor was charged with technical malversation, but appealed that the transfer was done in good faith and that it represented savings.

The Supreme Court upheld the decision of the Sandiganbayan finding the mayor guilty and pointed out: “Dura lex sed lex.” (The law may be harsh, but it is the law.) The mayor’s act – no matter how noble, or how minuscule the amount diverted – constitutes the crime of technical malversation because he used the goods for a purpose other than what had been approved under the law.

Aquino’s claim that the DAP was intended to accelerate government spending to stimulate the economy had been totally debunked, as it was too small in terms of the entire budget. Its purpose wasn’t at all “noble:” It was intended to raise bribe money for the Senate to remove Corona from office, to amass a slush fund for the 2013 elections, and to bribe Muslim leaders to support the enactment of the Bangsamoro Basic Law. Aquino even ordered P1.5 billion to be diverted from other uses the budget law had authorized to fund infrastructure projects in his home province of Tarlac, and I wouldn’t be surprised if these were around Hacienda Luisita.

In the case of former President Gloria Arroyo, Aquino ransacked government filing cabinets looking for evidence to concoct charges against her, but could only come up with four cases, two of which have already been dropped and the rest were based on very flimsy grounds — one involves a sole witness who was also implicated in the Ampatuan massacre.

In Aquino’s case, though, the very documents Abad had submitted to the Supreme Court and the Senate – Aquino’s memoranda authorizing the DAP and impounding funds authorized by the budget laws and the detailed list of DAP projects – would be the evidence for this President’s crime of technical malversation.

(My series on foreigners’ domination of our telecom industry will be continued on Monday.)

tiglao.manilatimes@gmail.com

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88 Comments

  1. ang nakakatakot nito pag may nangyari kay duterte(assassinate) for example tapos si leni ang maging presidente manok ng mga dilaw!

  2. …..how about parading them all first(including all those tong’gressmen who benefitted) b4 jailing(as what we did to d alleged drug-peddlers & pity-criminals. In so doing; we get rid of all(if not most) corrupt public officials……then study how we can change Comelec….to come-up on how to level the political-field so all can have a fair-chance to Serve and protect each and all pinoys…….!
    ….godspeed !!!!

  3. Tatlong dekada nang inaalipusta’t binabalahura ang Pilipinas at ang sambayanang Pilipino ng kung sinu-sinong namumuno sa atin na puro sariling interes lang ang hangad…Sana magising na’ng sambayanang Pilipino…Patnubayan nawa ang bagong hirang na pangulo upang maisaayos ang ang kalagayan at pagkawatak-watak nating mga Pilipino.

  4. mas excited ako sa mangyayari from july 1 to dec. 31 and kahit up to 1 year sa bagong administrasyon, magiging mganda ba o masama ang magiging kalagayan nating mga pilipino?, aahon ba tayo sa kahirapan o lalong maghihirap pa?, aangat ba ang economiya ng bansa o itong bubulusok na pababa?…. yan ang pinaghahandaan ko.

  5. SAM, magkano bayad sayo, abogado ka ba ni abnoy kung mka defend ka sa kanya wagas. Lol . Kahit ano pa sabihin mo he violated the law. He is the worst president of the philippines na sinusuka na ng bayan dahil wala syang ginawa kundi manisi.

  6. How abt these legislators who received the bribed money? They must also asked to answer. Where dud that dirty money go.

  7. bakit ikulong pa.. ung mga nag abuse sa kanilang katungkulan (Corruption, drugs syndicate) dapat ay bitayin na kaagad…. They have no right to live ever since gumawa sila ng kasalanan and that’s the end of their LIBERTY. Ignorance of the law excuses no one….Akala kc nila SILA ANG NAGMAMAY ARI NG PILIPINAS….

  8. bakit ikulong pa? dapat bitayin na kaagad para matapos na ang problema ng Pilipinas!

  9. Eh what about the other corrupt, hindi ba sila under investigations….si Revilla, isa parin yan Jinggoy Estrada at yong Ama nya si Joseph, si Enrile, yong mga ibang Senators na may Pdap din. What about the whole family of Binay…..!! Don’t just focus to only one man Aquino, marami sila at once again the coruptions of the Marcoses is not yet at end. Walang padrino , best fren ,of paying utang na loob dto. Mr. Duterte, dapat walang kini-kilingan dto. Those people involved of stolen money for Yolanda typhoon & stolen of goods for the victims….., Duterte must open up also these issue.

    • gago kaba? magnanakay na marcoses? wala ka ata alam, alam mulang yung wick history na nakasulat sa libro at mga balita sa mga media na walang katotohanan, alam mu ba na lahat ng kaso sinampa ng government of the philippines sa pamilyang marcos sa internationa court ay naipanalo ng mga marcos lahat ng kaso sa kanila, ngayon kung magnanakaw ang mga marcos aba dapat natalo sila sa mga kaso laban sa kanila. magaral ka ng mabuti sayang lang oras at pera mo sa pag aaral wala ka naman alam.

    • Allan dupio on

      Bago naging presidente si macoy naging richest man in the world sya kasama yung pari nakalimutan ko name dahil sa binayad sa serbisyo nila ng agean-tallano clan 30% ng 644,000 metric tons ng gold ng mga agean-tallano! Na-brainwashed ang mga pinoy ng maling impormasyon at minanipula ang history ng kultong dilaw para palabasing masama si macoy…

    • If Marcos indeed was the richest man in the world before he became president, I wonder if he declared his earnings (those supposed gold bars he received as payment) in his ITR. He would still owe government for back taxes if he didn’t declare his earnings.

      Alam nyo, madali gumawa ng kwento na may natanggap syang gold bars, yung proof non ang mahirap imbentuhin. Mahirap din kung maraming uto-uto sa mga kwentong barbero.

  10. Bob Catuiran on

    ibinoto pa naman kita mula pa sa kay madan Cory…nagkamali ako …di kayo nababagay sa masa pilipino para mag serve pang payaman lang kayo di kayo para sa mahirap….

    • agree po ako sa sinabi nyo kaya na taohan na rin po ako hindi na pang mahirap ang aquino administration pang mayaman lang kaya mabuhay ka president digong duterte!!!!

    • eh dapat nga natauhan na tayo noon pa para hindi tayo naghirap nang 30 taon. base on hidden history of aquino since hgis lolo sila ang mga traitor during japanese time. hanggang sa kanyang ama. KASO NAGPADALA TAYO SA kahinaan ng pilipino. hope this time maging matalina na.

  11. Charging Noynoy of graft and corruption must be the OPENING SALVO of the DUTERTE ADMINISTRATION… The AQUINOS have done the country so much distress… The country never prospered, contrary to what is always claimed in the charts…

  12. Maribel Calanda on

    I know that there were several people who filed cases against him and Abad already. There are others who are waiting for Aquino just to step down from Malacanang on June 30, 2016 and presto their complaints would fly too.

  13. Salamat po Lord! This a long wait for all Filipinos, his immunity. Pagbayarin lahat ang mga mandurugas, lahat lahat ng nagpahirap sa mamamayang Pilipino, sa mga batang nagugutom sa lansangan, sa mga batang sa murang edad nagtatrabaho na ng dahil Sa kahirapan samantalang sila pinaglalaruan lang ang pera… Sa mga nanay na para mapakain ang mga anak at nagbibenta ng Katawan. Tuwang tuwa ako! Lord salamat po!

  14. princess portpal on

    Paano yan dalawin ka na lang ng mga supporter mo sa kulungan.
    Yung mga nagpapagamit kay PNOY lumabas na kau para medyo magaan ang sintensya sa inyo.

  15. Baka hindi na rin makaka pito sa Chikxs si Penoy, kinapon na, ESTE kinapos na sa charisma at aura sa bunbunan…obyus na obyus this dude has a nagging personality disorder only himself knew about that turns off the opposite sex into a healthy relationship …money can’t buy love.hacienda maybe, @Gov’t expense by way of kicking out a sitting Chief Justice…

  16. KAYA PALA HALOS MALUHA- LUHA SA INTERVIEW SA KANYA NANG GMA CHANNEL 7 VICKY MORALES SA TANONG NA KUNG KAILAN AT SAAN DAW NIYA MAKIKITA ANG DREAM GIRL NIYA NA MAGIGING MISIS….baka sa kulungan na niya makikita at ma me meet si Miss right.

    Si Digong papito pito sa mga Chickx!!!, si Abnoy pinipituhan….baka mga Chikokoyss????

  17. Finally there’s justice! Everything that you do has repercussions. It comes back to you one way or another! Congratulations you made it!!!

  18. nikko buenaseda on

    wag ikulong si pnoy, heaven yun sa katulad nya. daming brusko na fafa sa kulungan. haha.

  19. Rosalinda Sescon on

    fellow countrymen, let’s all pray:
    1) for the continued safety and protection of our President-elect Rodrigo DUTERTE,as he will likely be a target for bodily harm, and
    2) for the speedy investigation, hearing and resolve once and for all the alleged massive cheating on May 9, 2016 election.

    • You are right Rosalinda, we need to support and pray for Duterte on his goals and plans, investigate all the malpractice of COMELEC and the Aquino administration’s, and send them to jail.

  20. First time b in history na both the President and VP ay makulong? Ma record yan sa Guiness Book at philippines ang title holder. WOW

  21. there might be a way for noykapon to escape this.
    1) plead insanity;
    2) escape to a foreign country like malaysia or japan;
    3) undergo a sex change and name change.

  22. Kapitan Kidlat on

    Abad transferred 380 million pork to her congress-woman wife between 2011~2013. abnOY looks the other way around. abnOY imprisoned GMA for 312 million for PCSO malversation fund while Mar has 7 billion un-liquidated funds of DILG and while squid face De Lima has 90 million un-liquidated intelligent fund. Malampaya fund? Yolanda fund? eh…di wow!!!

  23. Leticia Salvan on

    Paaminin na rin sa dayaan ngayon election 2016,Vice President and Senators

  24. Mostly of the past president are ambitiously for thier own welfare..(no doubt) they are not performing as the father of the nation.

    AQUINO – father, mother, son… are worse & identically in malversation / fraud.

    They have to pay.

  25. Welcome back to responsible journalism, my idol journo Bobi Tiglao. Naligaw lang ng landas kay Binay nun campanya. Nice piece of news.

  26. That is way his minions in the leading media (print & broadcast) are working very hard to defend their God Abnoy. It is amazing to note that the inquirer even employs in-house commenters 24 hours attacking Marcos and Duterte followers. Some even posts their yellow comments here and other newspapers.

  27. junekaturse estanol jr on

    GOGOGO!!! CONGRATS…. GOOD LUCK….. ABNOY AQUINO III….. KARMA IS COMING

  28. junekaturse estanol jr on

    wow!!! gogogo!!! DARATING NA SI KARMA… GOOD LUCK… ABNOY AQUINO III

  29. As an old saying goes: “What goes around, comes around.” And boy! Is it going to come around real hard for Abad and PNoy. Finally, JUSTICE! HAHA

  30. Karma yan sa ginawa nya Kay chief justice Corona ang GMA. I will be very very happy seeing him behind bar! Magtutuos ako ng six years finally I cant wait to see him leave Malakanyang!

  31. Payag na ako kahit isang taon lang sa bilibid si BS Aquino. Tapos ilipat sa kulungan ng mga baliw at doon na bulukin. First in the world. Ex-president in defense by insanity …. yeheyyyyyyy… Ang NAIA ay tatawaging “Ngoyngoy Aquino international airport”.

    • kOREK!..So iyak na naman ang mga haters ni Aquino. Tama si duterte, may mga abusado na journalist nga, isa na ang sumulat na eto. Di nakinabang kaya full of hate.

  32. BS Aquino III is now contemplating to flee, possibly to Malaysia, where the administration there sponsored his treasonous acts to dismember a large part of Mindanao to the moros’ MILF.

    • Who is your GOD? if you have a good GOD, you will not act like that. Pray for unity not division and vengeance. You Hypocrite!

  33. Pio Malonzo on

    Dapat kanselado na ang pasaporte ng mga taong sangkot. Lalo na kay NAGLALAWAY NA PANGULO DAW SIYA, drill-on, a-BAD, alcala, so-LIEWOMAN, mura-less, at lahat ng nakinabang sa illegal DAP.trilla-inis hindi na babalik yan, dahil pupunta sa bansa na walang extradation.

  34. The Lord gives principles in Scripture to serve as warnings and as an encouragement. In Galatians 6:7, His Word states, “Do not be deceived, God is not mocked; for whatever a man sows, this he will also reap.”

    • Josefina A. Salisipa on

      No one can escape from evil deeds.
      It’s about time that the people sshallsee and grasp the revelations of the real truth about the Aquino clan, the LP are the communist anti gov. anti clan sa masa always and ever
      I was ones fulled by the Ninoy’s recruiting group to join their group and I thank God I did not pursue lest I did not finished college and enjoy life to this day.
      Mabuti nga yan para naman mag end na ang kamasamaan ang mga ulupong na yan.

  35. As my teacher instructed his students, the main control to prevent corruption is INTERNAL CONTROL. The main agency to enforce this project is the government Auditing Office. When the auditors cannot check or was paid to release the funds, corruption comes in. That is why in our local banks, we have internal and external auditors. Each checks each other.

    • Owww? bakit ginamit mo pa ang langit? Mahahabag ang langit kay aquino, and nt to you fulll of hatred inside your heart, mind ang MOUTH. Tama si duterte, marami ipokrito na katulad mo.

  36. I salute PNoy for the economic achievements under his watch. The highest 6 years ever. 90% of world economists agree on this. But I agree that he must be investigated for giving away the people’s money for the wrong reasons, like to persecute and remove the chief justice by bribing, with government funds, the judges (senators). This is not only abuse of authority. This is crazy. This insane. He must be punished it this is proven true.

    • Inflation rate ~1.5%! Population growth ~2%!

      These 2 factors alone account for 4% of growth. The remaining 2.9% is due to increased OFW remittances + outsourcing business like call centers.

      So PNoy did not do anything to improve the economy. It was all due to things he did not control.

  37. lets find out after the June 30 ends. Panot your time has come to an end so prepare for the worst. let justice prevail against you and abad, anyway mayaman ka naman jan kana mauubusan

  38. ganyan kagago si ABNOY.Palibhasa ay lahi ng mga traydor(lolo niya ay makapili ng panahon ng mga hapon) at lahi ng mga balasubas(ninuno niya ay niloko ang pilipinas sa pagkasakamay nila ng LUISITA).Walang ginawa ang gago kundi maghigant (Arroyo,etc)i,manuhol(Corona case,etc),hayaang mamatay ang mga kababayan (SAF44,yolanda victims,Luneta siege,bohol lindo,zamboanga siege,etc) at manigarilyo at maglaro ng video games kasama ang pamangking kagaya niyang ABNO sa halip na asikasuhin ang kapakanan ng mga pilipino.

    • Bakit makapili din ama ni MARCOS si MARIANO MARCOS, na pinatay ng taong bayan at pinahatak ang 2 paa sa kalabaw at hinati ang katawan..Ano ba nagawa mo sa bansa mo? o sa lugar ninyo? wala! panay sisi din katulad ni aquino..Ipokrito,,Magtrabaho ka! ng umunlad ka!

  39. “NO MATTER WHO GETS HURT” ganoon pala di NAMUMURO na itong mga SENADOR na tumangap ng lagay sa impeachment ni CJ CORONA. Sana unahin si Drillon at yon CAYETANO SIBLINGS na ngayon ay sumisipsip kay Pres Digong. Pag na sampolan yan, masaya na bayan Pilipino.

  40. First order of the day for DU30 is to sign a HDO against Abnoy and his gang, surely he’s so afraid to go inside a cell.Can’t wait for that day when he’s singing the Impossible Dream at Camp Crame or in Sta. Rosa.KRIS tulo kabitin mo na lang si Baste to save your brother.Lalabas na lahat ang mga kababuyan ng mga Aquino after June 30……………

  41. Wow! This is great! Imprisonment for at least a hundred years for the Abnoy and Abad plus the bankruptcy of the Aquino clan is definitely music to our ears. This is absolutely God’s revenge for those oppressed by the Abnoy as He promised in the Psalms. This is Divine recompense plain and clear. Thanks be to God!

    • O, ginagamit mo pa si GOD, baka sa iyo bumalik ang sinasabi mo, pa god god ka pa,,sino ba god mo? di ka lang nakinabang sa kanya,,kundi kay marcos..o kay pandak GMA, na nakarma na rin..

  42. 100 years in prison? Sana! Kahit 50 years lang masaya na ako para sa aking bansang Pilipinas….More power to you Mr. Tiglao Sir.

  43. Good news. Good news.

    Ay salamat naman at may mga hard copies na ebidensya na siguro naman iri-recognize ng mga yellow followers. Siguro? Because “they” are still blind :(

    P.S.
    mabuti at hindi ‘nasunog’….

    • Hindi sinunog kasi talagang walang siya kasalanan..ikaw ang bulag at bingi, at wala siguro wala din laman ang utak.

    • no burning was done actually. But in the first quarter of this year, loads and loads of Malacanang papers were hauled for disposal as valueless records…investigate the records of RMAO (Records Management and Archiving Office). So intensive “cleansing” and “sanitizing” works were already done in Malacanang. This RMAO should also be investigated.

  44. P.Akialamiro on

    The Philippines is in an awkward, shamful, laughable, in a strange situation, or whatever one may describe it, because two of the country’s former CICs have been charged and detained for ‘plunder’ and, most likely, the third one to follow.

    With the DAP and PDAF having been declared unconstitutional by the SC, I won’t be surprised if B S Aquino III or The Last, will follow suit. One cannot claim that it will be ‘revenge’ on the part of the new administration since any action would just be a follow-through to the highest court’s decision. This, and other cases to be brought against erring government officials, would validate the promise of the of the new President to clean up the government. It will be a ‘giant’ step toward cleaning or weeding out the unscrupulous government officials as this is the main concern of the many who catapulted Mr. Du30 to the highest position of the land.

  45. Naku, kawawa naman si beneegno. Lalo lang masisira ang ulo na sira na nga. Sa tingin ko, mag plead na lang sya ng “insanity” para makalusot. Itataya kaya ng nanay ni Joshua ang kayamanan nya para makalusot ang kapatid nya? Baka pati mga bahay ng mga kapatid sa Forbes Park ay maisanla o maibenta – not unless nangungupahan lang sila dun. Baka pati Hacienda Luisita ay ibenta agad at wala na ipamamahagi na lupa si Ka Paeng.

  46. This will be a golden opportunity for Justice Secretary Aguirre to prove that the Duterte Administration is all out against criminality and corruption. Even if it means to have stalwarts of the yellow horde finally joining Senators Estrada and Revilla in their detention cells.

    It is unjust and unfair that other involved “lawmakers” in the unconstitutionally declared DAP fund releases had been spared of the agony of being placed behind bars owing to their closeness to Pnoy. No wonder, there is now a rush for members of the House of Representatives to rally behind Rep. Alvarez for the Speakership.

    Being an overnight turncoat will definitely not relieve them of criminal liabilities! Mr. Tiglao, more enlightening informations on this matter, Please!

  47. Julian Tulay on

    Per Erap, weather weather lang iyan. I think Abnoy will be thousand miles away when they charged him of graft, I don’t think he has the balls to face accusation against him.Let’s wait and see.