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The Ombudsman on Tuesday ordered the filing of plunder charges against former Budget Secretary Rolando Andaya Jr., Janet Napoles, Budget Undersecretary Mario Relampagos, ex-Agrarian Reform Secretary Nasser Pangandaman and 21 others over the P900 million Malampaya Fund scam.

In a statement, the Ombudsman also dismissed criminal charges against former President Gloria Macapagal Arroyo, former Executive Secretary Eduardo Ermita, Dominador Sison and Nilda Baui, both from the department of agrarian reform.

“:Criminal raps vs. ex-President and now Deputy Speaker Gloria Arroyo over Malampaya fund scam were dismissed due to insufficiency of evidence. Also acquitted of charges were ex-Executive Secretary Eduardo Ermita, Dominador Sison and Nilda Baui of DAR,” the Ombudsman said in a statement.

It said “complainants failed to prove that they conspired with their co-respondents in the illegal diversion of the P900 million Malampaya fund or that they deviated from the regular procedure.”

Andaya and the other co-accused are also facing multiple charges of graft, malversation thru falsification in the Ombudsman’s findings which took nearly three years.

Charged along with Andaya are Agrarian Reform Undersecretary. Narciso Nieto, Agrarian Reform Director Teresita Panlilio; ex-Candaba Mayor Rene Maglanque, Ruby Tuason, James Christopher Napoles, Reynald Lim, Evelyn De Leon, Ronald Francisco Lim, Ronald John Lim, Eulogio Rodriguez, Simplicio Gumafelix, John Raymund de Asis, Rodrigo Galay, Alejandro Garro, Paquito Dinso Jr., Gerald Apuang, Napoleon Sibayan, Winnie Villanueva.

Andaya, Napoles and the other co-accused are facing two counts of plunder, 97 counts. of graft and malversation thru falsification of public documents

“The respondents are found to have acted in concert to divert the fund releases drawn from the P900 million Malampaya fund allocated by the Department of Budget and Management to the Department of Agrarian Reform in 2009, which was malversed and coursed through non-governmental organizations controlled by Napoles and for which huge kickbacks and commissions were paid,” the Ombudsman said.

Records show on October 8 2009, Andaya submitted to the Office of the President, a request for authority to use the Malampaya fund for relief operations, rehabilitation, and reconstruction of areas affected by typhoons “Ondoy” and “Pepeng.”

Five days later, or on October 13 2009, Arroyo issued Executive Order 848 authorizing the Department of Budget and Management to release the funds to the DAR as implementing agency, the Ombudsman said.

On October 22 2009, Nieto requested Andaya for the release of P900 million to provide direct assistance to farmer-beneficiaries affected by the two typhoons. The request for fund release was based on 97 purported letter-requests made by the mayors of various local government units, the Ombudsman added. DMS