The Office of the Ombudsman has found probable cause to file charges against former Overseas Workers Welfare Administration (OWWA) Administrator Arnaldo "Arnell" Ignacio.
The case stems from the alleged PHP1.4-billion property acquisition intended to accommodate overseas Filipino workers during Ignacio's tenure, which reportedly proceeded without the OWWA Board of Trustees' approval.
"The finding of the Ombudsman is to charge the former administrator with usurpation of official functions under Article 177 of the Revised Penal Code," said Migrant Workers Secretary Hans Leo Cacdac.
Before entering public service, Ignacio was known as an actor and television host.
In 2018, under the administration of former President Rodrigo Duterte, he served as deputy executive director and deputy administrator of OWWA after working as assistant vice president of the Community Relations and Services Department at the Philippine Amusement and Gaming Corporation (PAGCOR)..
He was appointed as OWWA administrator in 2022, but was dismissed three years later after he was linked to the land acquisition deal controversy.
Read: Arnell Ignacio speaks out after his firing as OWWA Administrator
WHAT THE RESOLUTION SAYS ABOUT THE ISSUE
In its resolution, the Office of the Ombudsman stated that Ignacio, in his role as administrator, "acted under the pretense of authority from the OWWA Board of Trustees, despite knowing he had no such authority, an act that transcends 'mere administrative non-compliance' and directly constitutes the crime of usurpation of official functions."
According to the document, Ignacio signed the contract to sell, the deed of absolute sale, and the addendum before approving the release of public funds without the required authority from the OWWA Board of Trustees.
Following the resolution's release, a case may now be filed against the former OWWA administrator before the proper court.
DMW TO APPEAL DISMISSED COMPLAINTS
Meanwhile, the Department of Migrant Workers (DMW) said it will appeal the Ombudsman's dismissal of the other complaints filed against Ignacio, including plunder, malversation of public funds, and violations of the Anti-Graft and Corrupt Practices Act.
Aside from Ignacio, former OWWA officials and private sellers were also included in the complaints submitted by the DMW.
“What we plan to do is to file a Motion for Reconsideration because, in our view, the Resolution did not pass upon details that we submitted to the honorable Office of the Ombudsman,” Cacdac commented.
The DMW said it believes the Ombudsman overlooked the evidence submitted against the individuals named in the complaints.
Cacdac pointed out that two Land Bank checks totaling PHP1.4 billion were issued to the seller nearly two weeks before the deed of absolute sale was finalized.
Records showed that the seller had acknowledged receiving full payment a day before the deed was signed.
The fact that the transaction bypassed the proper approval procedures and was rushed to completion was enough to show that the government was placed at a disadvantage.
Cacdac also pointed out the inclusion of 51 condominium units, valued at around PHP97 million, in the total purchase price.
An ocular inspection showed that the units and structures were already demolished, said Cacdac.
"The government paid for condominium units that no longer exist. That is the damage. That is the prejudicial aspect of this anomalous transaction," he remarked.
"The Department is duty-bound to exhaust all available legal remedies to protect public funds, uphold accountability in the use of government resources, and safeguard the welfare funds of our overseas Filipino workers."
Read: DMW points out "red flags" in "anomalous" OWWA land deal