MANILA - Sen. Joel Villanueva on Monday opened up about the Ombudsman's order dismissing him from service after he was found guilty of grave misconduct, serious dishonesty and conduct prejudicial to the interest of the service.

"Aaminin ko, nakapanggagalit at nakapanglulumo," the senator said.

Villanueva said he has already filed a motion for reconsideration before the Ombudsman, citing fake documents and forged signatures in relation to his Priority Development Assistance Fund (PDAF) when he was still CIBAC party-list representative.

He said documents obtained by the Ombudsman indicated he was a Buhay (Life) party-list congressman when he was never affiliated with the party.

"To this day, I stil maintain my innocence," he said.

In a press statement, Ombudsman Conchita Carpio Morales said the dismissal order was approved after Villanueva and nine others were found liable for the misuse of the lawmaker’s 2008 PDAF.

The Ombudsman said Villanueva is set to face trial before the Sandiganbayan for two counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), one count each for Malversation of Public Funds and Malversation thru Falsification of Public Documents.

Also included in the charge sheet are former Agriculture Secretary Arthur Yap, Villanueva’s staff Ronald Samonte, DA employee Delia Ladera, NABCOR representatives Alan Javellana, Romulo Relevo, Ma. Julie Villaralvo-Johnson, Rhodora Mendoza, and Maria Ninez Guanizo; and Aaron Foundation Philippines, Inc. (AFPI) President Alfredo Ronquillo.

Ombudsman investigators found that on 10 June 2008, the Department of Budget and Management released P10 million as part of Villanueva’s PDAF to be used “for the implementation of agri-based livelihood projects in the various congressional districts in Region XI.”

Two days later, or on 12 June 2008, Villanueva requested then Department of Agriculture (DA) Secretary Arthur Yap to release the amount to the National Agri-Business Corporation (NABCOR), as Implementing Agency (IA), with the AFPI as NGO partner.

On 19 June 2008, a Memorandum of Agreement was entered into between Yap, as DA representative, and the NABCOR.

To utilize the P10 million PDAF, respondents purchased pechay, radish, sitaw, okra, hybrid yellow corn seedlings, liquid fertilizers and threshers from MJ Rickson Trading Corporation. The items procured were supposed to benefit the residents of the municipalities of Pantukan, Nabunturan, Tambongon, Bongabong, Napnapan, Mipangi, Anislagan and Magsaysay in the Compostela Valley province.

In-depth field validation and investigation, however, disclosed the following: (1) localities were not suitable for farming as the vast majority of land is occupied by banana and coconut plantations; (2) not a single name in the purported list of beneficiaries was a registered voter or resident of the providence; (3) local officials attested and certified that no agri-based livelihood projects were implemented by AFPI.

Documents also disclosed that AFPI had no financial capability to implement the P10 million project considering its measly capital stock contribution of only P68,000.00. Ombudsman field investigators also found that the supplier, MJ Rickson, could not be located in its business address in Martiniko Street, Malabon City. Neither is the business entity licensed by the Fertilizer and Pesticide Authority nor registered with the Department of Trade and Industry.

Respondents were also found to have submitted fabricated and undated documents to support the “ghost project” such as Accomplishment Reports, Disbursement Reports, Acceptance Reports, and liquidation documents.

'NO JURISDICTION'

Villanueva's case was discussed by senators during the session with Senate Committee on Rules Chair Tito Sotto, noting the Ombudsman law having no jurisdiction over members of Congress.

Sen. Franklin Drilon also noted the jurisdiction issue but said the dismissal order of the Ombudsman was premised on the supposed perpetual disqualification from office clause.

"In my mind, there are very strong arguments on the point of the House having the power to discipline its members," he said.

Senate President Koko Pimentel referred the dismissal issue to the Committee on Rules, which is expected to discuss the next steps to be taken the chamber.

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