MANILA – The Office of the Ombudsman has found probable cause to charge former North Cotabato representative, now Vice Governor, Gregorio Ipong for irregularities that tainted the disbursement of his 2007 Priority Development Assistance Fund (PDAF).

Ombudsman Conchita Carpio-Morales has ordered Ipong's dismissal from the service and perpetual disqualification from holding public office after he was also found to be administratively liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.

Ipong, along with four others, are facing trial before the Sandiganbayan for one count each of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and Malversation of Public Funds. Section 3(e) prohibits public officials from causing any undue injury to any party, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

Ombudsman investigators found that the Department of Budget and Management released P10,000,000 as part of Ipong's PDAF to fund livelihood projects in the second district of North Cotabato in 2007.

Documents showed that Ipong endorsed and identified the Aaron Foundation Philippines, Inc. (AFPI) as NGO-partner with the Technology and Livelihood Resource Center (TLRC) as implementing agency. Field investigation, however, established that the P10 million was released in full, in a single tranche, "despite the [AFPI’s] non-submission of any project implementation and disbursement reports."

It was also found out that Ipong's chosen NGO had a dubious track record. Records showed that the NGO was not qualified to implement the livelihood project as it had no business permits from 2004 to 2009. Its listed business address is located in a vacant lot used as equipment storage. The NGO's capital stock is only P68,000 and that its net saving and net losses in 2006-2007 reflected the amounts of P750 and P5,840, respectively.

For his part, Ipong claimed that "the amount was coursed through AFPI based on the national ten-point agenda of the government at that time" and that "he was not in charge of the subject funds but a mere endorser of the livelihood project."

However, Ombudsman Morales explained, citing Supreme Court jurisprudence that "under the Congressional Pork Barrel System, it is the legislator that exercises actual control and custody of the PDAF share allocated to him by appropriations statute."

Also facing charges are TLRC executives Antonio Ortiz, Dennis Cunanan, Marivic Jover, and Alfredo Ronquillo. Jover was also dismissed from the service after she was found guilty of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.