THE Commission on Audit has denied the petition for review filed by former Rep. Mariano Piamonte (PL, A Teacher) seeking relief from liability in the disallowed transfer of P4.5 million from his Priority Development Assistance Fund (PDAF) to a private foundation that he personally picked in 2013.
The COA affirmed the 2018 ruling of the National Government Sector-Cluster 1 that the lawmaker’s pork barrel fund was transferred to the Coprahan and Gulayan Foundation Inc. (CGFI) despite the absence of an appropriation or ordinance earmarking the sum to the NGO.
Auditors added that Piamonte personally endorsed CGFI to implement his livelihood projects without going through public bidding as required under Government Procurement Policy Board (GPPB) Resolution No. 12-2007 and COA Circular No. 2007-001.
They noted the lawmaker also signed the tripartite memorandum of agreement, the project proposal, and the work financial plan (WFP) for the projects.
The MOA was signed between Piamonte, the National Commission on Muslim Filipinos (NCMF) as implementing agency, and the CGFI as NGO-partner.
In his appeal, Piamonte denied endorsing the NGO and disowned the signatures on the questioned documents. He said signatures appearing on the endorsement letter, the MOA and the WFP were all forged.
The COA, however, said it is not convinced by the former lawmaker’s denial of liability.
“Firstly, as a rule, forgery cannot be presumed and must be proved by clear, positive and convincing evidence and the burden of proof lies on the party alleging forgery. Rep. Piamonte, Jr. has not offered clear and convincing proof to support his allegation that his signatures appearing in the endorsement letter, tripartite MOA, Project Proposal, and WFP, were not genuine,” it pointed out.
The commission also noted that far from being merely recommendatory, the tenor of Piamonte’s endorsement “obliged the NFMC to award the project to CGFI.”
“The influence he exerted over NCMF set the tone for the disbursement of the PDAF, for without his endorsement, the fund would not have been transferred to CGFI. His letter endorsing the CGFI …violated the pertinent laws and regulations in the selection of NGOs,” it added.
Making matters worse, auditors noted that the CGFI has failed to submit the required documents, including its certificate of accreditation as an NGO, statement of financial and technical capability, disclosure of related businesses, list and photographs of similar projects previously completed, and a sworn affidavit from the secretary that none of its incorporators or officials is related to the officials of relevant agencies of the government.
