Private defendants in P900M scam cases told to post new bail

THE Sandiganbayan Third Division has ordered three private defendants in 194 criminal charges in connection with the P900 million Malampaya Fund scam to post new bail bonds after the surety company that previously covered their bail canceled them with the court’s approval.

Defendants Evelyn D. de Leon, Gerald B. Apuang, and Alejandro G. Garro were given 30 days to post new bail bonds with a reminder that failure to comply would put at risk their continuing provisional liberty.

Investors Assurance Corporation filed three separate motions with the anti-graft court on October 2, 2023 seeking permission to cancel the bail bonds it put up for the three accused on the ground that all of them failed to pay their annual premiums to maintain their bonds.

In support of the motions, the surety firm submitted copies of demand letters that it previously sent to the three defendants reminding them of their obligations, adding that they “continue to refuse to acknowledge its right to collect the said annual premiums and that they have not expressed their intention to settle their obligations.”

The Office of the Court Administrator (OCA) Circular No. 102-2015 provides that a surety company may be discharged from its obligation to maintain the bail bonds it put up when the defendants fail to pay the premiums, requiring only that the court be notified within 10 days.

“Wherefore, the Investors Assurance Corporation’s three motions to cancel bond concerning accused De Leon, Apuang and Garro are granted. Consequently, it is discharged from its obligation as the surety company for the said accused in these cases,” the Sandiganbayan declared.

The three were named co-defendants of the late Budget Secretary Rolando Andaya and former Agrarian Reform Secretary Nasser Pangandaman when the Office of the Ombudsman filed 97 counts each of violation of RA 3019 or the Anti-Graft and Corrupt Practices Act and malversation of public funds on December 17, 2017.

Likewise charged were Budget Undersecretary Mario Relampagos, DAR Undersecretary Narciso Nieto, DAR Finance and Management Service Director Teresita Panlilio, former chief accountant Angelita Cacananta, and chief administrative officer Ronald Venancio.

Named private defendants were businesswoman Janet Lim-Napoles and her children Jo Christine and James Christopher; former Candaba, Pampanga mayor Rene Maglanque, Reynald Lim, Evelyn de Leon, Ronald Francisco Lim, Ronald John Bernardo Lim, John Raymund de Asis, Rodrigo Galay, Alejandro Garro, Paquito Dinso Jr., Gerald Apuang, Napoleon Sibayan and Winnie Villanueva.

Records show that former President now Pampanga Rep. Gloria Macapagal Arroyo issued Executive Order 848 on October 13, 2009 authorizing the DBM to release Malampaya funds to the Department of Agrarian Reform as an implementing agency for “relief operations, rehabilitation, and reconstruction” of areas affected by tropical storm Ondoy and Typhoon Pepeng.

Arroyo was named a respondent in the original complaints lodged with the Ombudsman but she was not indicted.

Based on the said authority from the Office of the President, the Department of Budget and Management released P900 million to the DAR citing 97 purported letter requests made by the mayors of various local government units seeking funding assistance for their constituents.

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