House Speaker ‘instigated plunder raps’

DAVAO CITY -- Mayor Rodrigo Duterte sees the recent plunder case filed against him as a desperate attempt of his political rival, House Speaker Prospero Nograles, to get him out of his position.

Plunder charges through a series of malversation of public properties were lodged Thursday before the Office of the Ombudsman in Manila by a certain lawyer Pedro Domingo.

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The case cited alleged findings on unaccounted and overstated properties under Davao City Hall amounting to over P1 billion.

Duterte, however, believes that Nograles instigated the case filed against him and other officials.

"He wants me suspended. It's not a COA (Commission on Audit) finding. It's his finding," Duterte said in a phone interview Saturday.

Duterte said Nograles used the same "findings" against him before.

In 2008, the COA also conducted an investigation on alleged anomaly over the P72 million People’s Park in this city following Nograles’ statements that the city’s records are wallowing in plunder.

Duterte said the COA wanted him to put up accounting books in order since 1936. He, however, opposed the order, saying he could only answer for the accounts during his time.

"This is the same thing he filed against me on the Ombudsman. It's the same one (in which) they're demanding me to recall everything, including since time immemorial," Duterte said, referring to the recent charges lodged by Domingo.

Domingo used to be a consultant to the office of former Justice secretary Silvestre Bello, who is now running for the Senate.

Bello, however, expressed doubts in Domingo's claim that he is with the Presidential Commission on Good Governance (PCGG).

"He worked for me when I was a Justice Secretary but now he isn’t. Maybe he got another job but I don't think so. I don’t think he's with the PCGG," Bello said through phone interview Saturday.

Duterte said he does not know Domingo personally.

Asked whether there would be difficulty in attending to the case as it was filed in Manila, Duterte agreed but said he would attend to it.

"Of course, we'd still have to face it," he said.

Domingo's case cited alleged findings on the financial affairs of Davao City Hall from 2003 to 2006.

In his press statement, Domingo said the alleged missing properties and equipment breached the threshold amount of P50 million, defined and punishable under Republic Act 7080, or the capital and non-bail offense of plunder.

"It brings to square application Article 217 of the Revised Penal Code, which provides: ‘The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any authorized officer, shall be prima facie evidence that he has put such missing fund or property to personal uses," Domingo said.

He also cited alleged findings that Duterte and other Davao City officials were not able to account government assets in their collective custody valued at P291 million.

Domingo also claimed that there was an alleged overstatement of certain building construction in progress amounting to P8 million.

He said in 2004, Duterte failed to account P280 million; P462 million in 2005; and P300 million in 2006. (JCZ/With Press release/Sun.Star Davao/Sunnex)