2 ex-AFP chiefs, 9 others face plunder charges

MANILA, Philippines - The Department of Justice (DOJ) yesterday recommended the indictment of two former military chiefs and nine other people who were accused of large-scale corruption in the Armed Forces of the Philippines (AFP) following the disclosure of a key military officer before the Senate last year.

Among those whom the DOJ recommended to be charged with plunder were former AFP chiefs Diomedio Villanueva and Roy Cimatu, Justice Secretary Leila de Lima said. Cimatu served as special envoy to the Middle East after retiring from the military.

The DOJ also recommended for indictment two former military comptrollers: retired Generals Jacinto Ligot and Carlos Garcia, who purportedly amassed illegally P360 million and P368 million, respectively.

Also to face charges are Intelligence Service of the Armed Forces of the Philippines budget officer Col. Cirilo Tomas Donato; Col. Roy Devesa, former executive assistant to the late AFP chief Angelo Reyes; retired Maj. Gen. Hilario Atendido, alleged bagman of Villanueva; retired Lt. Col. Ernesto Paranis, commanding officer of the Finance Service Unit of the AFP Intelligence Service; Brig. Gen. Benito de Leon; and former ISAFP resident auditor Divina Cabrera and accountant Generoso del Castillo.

The charges stemmed from the revelations of former military budget officer Lt. Col. George Rabusa who testified at the Senate accusing the respondents of diverting and pocketing a total of P2.3 billion in funds intended for troop salaries and combat needs.

The findings, however, are still subject to review and approval of the Office of the Ombudsman, which has jurisdiction on prosecution of graft and plunder cases before the Sandiganbayan, De Lima said.

After preliminary investigation, the investigation panel led by State Prosecutor General Claro Arellano found probable cause in the allegations that Villanueva and Cimatu pocketed at least P227.4 million and P140 million from AFP funds, respectively.

In a 105-page resolution, the investigating panel concluded that there is ample evidence to prove that respondents connived and benefited in the long-time schemes of converting multibillion-peso funds intended for projects of various units of the AFP, including its intelligence division, into personal use of the respondents, including the pabaon (sendoff money) for retiring generals.

The DOJ based its findings on the testimony of Rabusa, who blew the whistle on the corruption in the military last year, along with supporting documentary evidence.

The panel concluded that Rabusa’s “grandiose illustration of the rampant irregularities in the AFP... appears to have a semblance of truth.”

“As we have said earlier, we are convinced that AFP’s budget had been plundered during the period stated by the complainants,” the panel added.

In his testimony before the Senate last year, Rabusa alleged that Reyes, Villanueva and Cimatu were among officers who received huge payoffs and pabaon when they retired.

He said the money came from an illegal contingency fund collected from key military units, which were forced to cut their congressionally approved budgets for troop salaries, weapons, equipment and combat needs.

Rabusa, who also filed the complaint before the DOJ, testified that Reyes received about $1 million when he stepped down. He said he personally delivered the money to Reyes, and that it first had to be converted into dollars because the peso equivalent was too bulky.

Reyes, Cimatu and Villanueva denied receiving any payoffs.

Reyes, a former AFP chief and Defense secretary, killed himself last year after he was accused by Rabusa in the corruption scandal.

Conversion scam

Rabusa also claimed Ligot pocketed an estimated P360 million from AFP coffers; Garcia, P368 million; Villanueva, P227.4 million; Cimatu, P140 million; De Leon, P70 million; Paranis, P130.10 million; Del Castillo, P44.7 million; Cabrera, P55.6 million; Atendido, P135 million; Donato, P130 million; and Devesa, P153 million.

While it is true that there was no documentary evidence linking Del Castillo, the panel said the “conversion scam” showed evidence that he was involved in the scheme.

On the part of Cabrera, the panel said being ISAFP’s resident auditor, she validated the anomalous transactions involving AFP funds.

The panel added the conversion of ISAFP funds would not be possible without her participation.

“This makes respondent Cabrera complicit in the crime of plunder, as her indispensable cooperation is an essential element in ensuring the misappropriation and/or conversion of AFP funds,” the resolution stated.

The panel said Rabusa was able to deposit the amount of P160 million in his own account, and with the clearance of his higher-ups, he was able to give respondent De Leon P10 million in at least four instances, which the latter admitted during the Senate hearings; and that he was able to produce $2 million in order to pay for the AFP’s purchase unmanned aerial vehicle.

“These undisputed facts, in our view, sufficiently demonstrate that complainant was able to actually convert and/or malverse AFP funds. We find it difficult to fathom how a mere colonel like the complainant would be able to produce such amount of money, absent the existence of the scheme that he illustrated,” the panel said.

“Such fact, in our mind, sufficiently demonstrates the truth that rampant irregularities have indeed taken place, and that someone, aside from the complainant, should be held responsible for the same,” it added.

The panel, however, exonerated 11 others earlier named by Rabusa as involved in the scam. The panel ruled there was no probable cause to warrant their indictment for the crime of plunder.

Among those cleared were retired Lt. Gen. and current Bureau of Corrections (BuCor) chief Gaudencio Pangilinan; retired Maj. Gen. Epineto Logico; former AFP chief Efren Abu; Navy Capt. Kenneth Paglinawan; Army Col. Gilbert Gapay; Army Maj. Emerson Angulo; retired Maj. Gen. Ernesto Boac; Col. Robert Arevalo; and state auditors Arturo Besana, Crisanto Gabriel and Manuel Warren.

De Lima, however, clarified the findings of the panel are merely recommendatory and that it would still be up to the Office of the Ombudsman to adopt, modify or reverse its resolutions.

“Since this is a plunder case, the final say will fall on the Office of the Ombudsman, this is merely recommendatory,” she said.

De Lima said the findings of the panel and all records of the case would be forwarded to the Ombudsman for review and proper action.

The military, for its part, said they respect the findings of the Justice department and vowed to cooperate in investigating the case.

“We fully trust our justice system. We will make available active personnel who will be charged and we will cooperate with investigating authorities,” AFP spokesman Col. Arnulfo Burgos Jr. said.

Burgos said the military would never condone corrupt practices within its ranks.

He said the AFP is ready to provide legal assistance to the three active officers implicated in the case.

The three officers who are still in active duty are Brig. Gen. Benito de Leon, Col. Cirilo Tomas Donato, and Col. Roy Devesa.

Burgos said they have to read the DOJ resolution to determine what actions would be made on the three officers. - With Alexis Romero, AP