MANILA, Philippines – In the second batch of cases being prepared by the Department of Justice (DOJ), at least 10 lawmakers could be charged for conniving with alleged pork barrel scam mastermind Janet Lim Napoles to pocket their Priority Development Assistance Fund (PDAF) or pork barrel.

According to Levi Baligod, counsel of Napoles’ former employees-turned-whistleblowers, a minimum of 10 legislators will be facing charges. He gave assurances the probe “doesn’t give consideration to whether they are administration [allies] or opposition, as long as the evidence is complete.” 

The number was confirmed by Justice Secretary Leila de Lima.

Baligod said the cases will include the alleged misuse of a P407-million government fund. 

“I will not identify the agency now, but this P407-million fund was split among several congressmen and all supplied an equipment company owned by Ms. Napoles,” he told reporters on Tuesday, November 5.

“This was a fund of an agency and it favored a number of legislators, about 10 of them, who split the funds… it went to one corporation of Ms. Napoles,” he said.

He said no bidding took place and that it was only Napoles’ corporation that got all the money. The crime, he said, was “committed in the infancy stage of the Arroyo administration.”

Other cases

The DOJ will not stop with the second batch of PDAF-related cases as originally planned. 

Because of the sheer scope of Napoles’ alleged pocketing of government funds, the DOJ also said it would file yet another batch of cases – this time related to all the other funds reportedly plundered by Napoles that were not from lawmakers’ pork barrel. (READ: INFOGRAPHIC: How gov’t funds end with Napoles)

On Tuesday, De Lima said in addition to the second batch of cases the DOJ is preparing to file in relation to Napoles’ alleged plunder of the PDAF, the agency may also file another batch, which would focus on other fund sources Napoles supposedly benefitted from.

“We also saw other [incidents] based on the records and the knowledge of the whistleblowers, particularly Benhur, of non-PDAF [plunder],” she said. “It wasn’t PDAF but other projects, special projects, and then projects of departments, certain departments.”

De Lima was referring to Napoles’ personal assistant-turned-whistleblower Benhur Luy.

So far, the DOJ – tasked to concentrate on Napoles-related activities – has filed plunder charges against 38 public officials and private individuals before the Ombudsman. That first batch, which included cases against Napoles, senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla and other lawmakers, was related to the misuse of the PDAF.

Another batch of cases was filed two weeks later on the alleged plunder of the multi-billion peso Malampaya Fund.

The second batch of PDAF-related cases and this new batch of non-PDAF cases the DOJ is currently putting together will bring the total batches of cases to 4. 

De Lima said the modus operandi of Napoles in plundering other government funds was the same as her scam targeting the pork barrel.

Whistleblowers said  Napoles worked with lawmakers to channel their PDAF into her bogus non-governmental organizations (NGOs) in exchange for hefty kickbacks. (READ: INFOGRAPHIC: How NGOs get their hands on the pork barrel)

“It was the same. She coursed it through implementing agencies with a letter of endorsement from lawmakers saying it was their project – either with the DA (Department of Agriculture) or DAR (Department of Agricultural Reform) – and then they will nominate and say they have partnered with NGOs,” she said.

Gathering evidence

Meanwhile, De Lima said “documents are not yet complete” for the second batch of pork barrel cases, causing a delay in the filing. She said the DOJ is still “cleaning up the list” but said it would be ready to file the charges by “next week at the latest.”

“I want all the PDAF-related cases, if possible, to all be filed together with the second batch and for those that we still can’t gather enough evidence for – even if PDAF-related – we will refer first to the IAGCC (Inter-Agency Graft Coordinating Council) for case build-up,” she said.

The IAGCC is currently investigating all pork barrel related corruption reported by the Commission on Audit, not just those involving Napoles. – Rappler.com