The undersigned Assistant Special Prosecutor I of the Office of the Special

Prosecutor, Office of the Ombudsman , hereby accuses ARTHUR YUSAY PINGOY,

JR., ZENAIDA G. CRUZ-DUCUT, MARIO LOQUELLANO RELAMPAGOS, ROSARIO
SALAMIDA NUÑEZ, LALINE NARAG PAULE, MARILOU DIALINO BARE, ALAN
ALUNAN JAVELLANA, RHODORA BULATAO MENDOZA, MARIA NINEZ PARADES
GUANIZO, VICTOR ROMAN C. CACAL, NOEL V. MACHA, JOHN RAYMUND DE
ASIS, JOHN BERNARDO and JANET LIM NAPOLES of Violation of Section 3(e) of
Republic Act No. 3019 ( Anti-Graft and Corrupt Practices Act), as amended ,
committed as follows:

In the period May 2009 to June 2009, or sometime prior or

subsequent thereto in Quezon City , Philippine, and within this
Honorable Court’s jurisdiction , accused public officers ARTHUR
YUSAY PINGOY, JR. (Pingoy) being then the Congressman of the 2 nd
District of South Cotabato : MARIO LOQUELLANO RELAMPAGOS
(Relampagos), Undersecretary for Operations, ROSARIO SALAMIDA
NUÑEZ (Nuñez), Chief Budget and Management Specialist, and
LALAINE NARAG PAULE and MARILOU DIALINO BARE (Bare), both
Administrative Assistants VI assigned of the Office of the
Undersecretary for Operations, all of the Department of Budget and
Management (DBM); ALAN ALUNAN JAVELLANA (Javellana), being
then the President, RHODORA BULATAO MENDOZA (Mendoza), being
then the Vice President, Administrative and Finance Demartment ,
MARIA NIÑEZ PAREDES GUANIZO ( Guanizo), being then the Office -
in-Charge , Accounting Services Division , VICTOR ROMAN C. CACAL
(Cacal), being then the Paralegal, all of the National Agribusiness
Corporation (NABCOR), while in the performance of their
administrative and/or official functions and taking advantage of their
official positions, conspiring with one another and with accused
ZENAIDA G. CRUZ- DUCUT (Ducut) and accused private individuals
JANET LIM NAPOLES (Napoles) and NOEL V. MACHA (Macha),
JOHN RAYMUND DE ASIS (De Asis) and JOHN BERNARDO
(Bernardo ), acting with manifest partially, evident bad faith and/or
gross inexcusable negligence, did and there, willfully and criminally
cause undue injury to the government in the amount of atleast TWO
MILLION NINE HUNDRED TEN THOUSAND PESOS (P2, 910,000.00)
and give unwarranted benefits and advantage to said private
individuals, through the following acts:
a.) Pingoy indorsed SOCIAL DEVELOPMENT PROGRAM FOR FARMERS
FOUNDATION, INC. (SDPFFI), a Non-Government Organization
operated and/or controlled by Napoles, to NABCOR as “project
partner” in providing livelihood projects in the 2 nd District of South
Cotabato funded by Pingoy’s Priority Development Assitance Fund
(PDAF) allocation covered by SPECIAL ALLOTMENT RELEASE
 ORDER (SARO) No. ROCS-08-05283 in disregard of the appropriation
law and its implementing rules, and/or without the benefit of public
bidding as required under Republic Act No. 9184 and its implementing
rules and regulations, and with SDPFFI being unaccredited and
unqualified to undertake the project;

b.) DBM’s Relampagos, Nuñez, Paule and Bare, unduly accommodating

Napoles and her cohorts hastily facilitated the processing of the
aforementioned SARO and the corresponding Notice of Case Allocation
resulting in the release of the subject PDAF drawn from Pingoy’s PDAF
to NABCOR, the agency chosen by Pingoy through which to course his
PDAF allocation;

c.) Pingoy and Javellana then entered into a Memorandum of Agreement

(NOA) with SDPFFI ded May 25, 2009 on the purported
implementation of Pingoy’s PDAF-funded project;

d.) Javellana, Cacal and Guanizo facilitated, processed and approved

the disbursement and release of the subject PDAFby signing
Disbursement Voucher (DV) No. 09-05-1175 for FOUR HUNDRED
THIRTY -SIX THOUSAND FIVE HUNDRED PESOS (P436, 5000.00)
and DV No. 09-06-1957 for TWO MILLION FOUR HUNDRED
SEVENTY PESOS (P2,473,500.00) or a toral amount of TWO
MILLION NINE HUNDRED TEN THOUSAND PESOS (P2,910,000.00);

e.) Macha prepared the Report on Disbursement; while De Asis received

the first tranche for P436,500.00 and Benardo received the second
tranche for P2,473,500.00 both in behalf of Napoles;

f.) Javellana and Mendoza caused the issuance of UCPB Check No.
4629364 covering the amount pf [2,473,500.00 without NABCOR
officers and employees having carefully examined and verified the
accreditation and qualification of SDPFFI and the transactions’
supporting document; and

g.) The above acts by the accused public officials thus allowed SDPFFI to
divert said PDAF-drawn public funds into Napoles control instead of
implementing the PDAF-funded projects which turned out to be non-
existent; Ducut receiving kickback or share of the PDAF proceeds for
and in behalf of Pingoy, while Napoles and/or her cohorts
caused/participated in the preparation and signing of the acceptance
and delivery reports, disbursement reports, project proposals and
other liquidation documents to conceal the fictitious nature of the
transaction, to the damage and prejudice of the Republic of the
Philippines.

CONTRARY TO LAW.