Pabling sues Davide, Magpale for using his pork barrel funds

GARCIA

FORMER Rep. Pablo Garcia has filed graft, technical malversation and falsification charges against Cebu Gov. Hilario Davide III, Vice Gov. Agnes Magpale, and provincial legal officer Orvi Ortega.

In his complaint filed before the Ombudsman Visayas, Garcia accused the three officials of falsifying a ruling of the Supreme Court (SC) so they can use his P70-million Priority Development Assistance Fund (PDAF).

In a ruling in 2013, the SC permanently enjoined the disbursement or release of PDAF funds, except those covered by a Notice of Cash Allocation (NCA) sourced from the Malampaya Fund and the Presidents Social Fund.

Garcia said Ortega issued a legal opinion, which quoted the SC ruling but covered with “xxx” the portion that stated the exemption.

“Very clever and very foul. This is an unmitigated, deceitful, and diabolical emasculation and falsification of the decision of the Supreme Court so as to give it a vastly different meaning and implication,” Garcia said.

Davide, for his part, described Garcia’s complaint as “baseless and propesterous.”

“They are seeking media attention again. Maybe they want to be included in the Guinness Book of World Records in terms of filing baseless cases,” the governor said in a text message to CDN.

Garcia, who served as second district congressman from 2010 to 2013, said he was forced to file a complaint because his then constituents have asked about the PDAF-funded programs and projects that were supposed to benefit them.

In his complaint, Garcia said his P70-million PDAF was deposited as “trust fund.”

In 2012, his daughter, former Cebu Gov. Gwendolyn Garcia, was suspended and Magpale assumed as acting governor. Magpale refused to sign the disbursement vouchers and checks for the projects and programs in his district.

But Garcia said he later learned from a newspaper report that Capitol had used the funds.

Provincial Accountant Marieto Ypil then informed him that the funds were not returned to the House of Representatives. Instead, P31 million of the amount was allegedly used and disbursed by the province under the administration of Davide and Magpale.