SC backs search warrant vs. Visayan Forum over P200-M USAID fund mess

The Supreme Court has affirmed the validity of a search warrant issued by a Quezon City court against anti-human trafficking group Visayan Forum Foundation Inc. over unexplained disbursments of over P200 million in funds from the US Agency for International Development (USAID).

In a decision penned by Senior Associate Justice Antonio Carpio, the SC's Second Division dismissed a petition of the Visayan Forum contesting the November 19, 2012 and June 3, 2013 rulings of the QC Regional Trial Court Branch 98.

The trial court's orders denied the Visayan Forum's plea to quash the search warrant issued to the National Bureau of Investigation.

By virtue of the search warrant, the NBI deployed two agents to pose as auditors of the Visayan Forum to gather evidence of illegal disbursement.

The agents claimed witnessing how employees of the Visayan Forum allegedly altered and fabricated documents and official receipts covered by USAID funding.

In its decision, the SC division said the transcript of stenographic notes from the QC court showed that Judge Evelyn Corpus-Cabochan extensively interrogated the two NBI agents who applied for the search warrant.

"Clearly, the records show that Judge Cabochan personally examined (the NBI agents), the applicants for the search warrant, as well as their witnesses," read the decision.

"The interrogations conducted by the trial judge showed that the applicants and their witnesses had personal knowledge of the offense peritioners committed or were then committing," the SC added.

The SC said the questions posed by the QC judge were "searching and probing" and that she made an independent assessment of the evidence admitted.

"Absent the showing to the contrary, it is presumed that a judicial function has been regularly performed," said the SC.

The US government earlier filed a falsification case against VFFI founder and head, Maria Cecilia Flores-Oebanda, as well as other official and personnel of the non-government organization, which has been extending assistance to victims of human smuggling since 1991 through foreign funding.

The case was referred by the NBI to the Department of Justice, which supervises the goverment's Inter-Agency Council Against Trafficking (IACAT), created in 2003 under Republic Act 9208 as the government's anti-human trafficking body.

In its complaint, USAID claimed to have found out that at least P210 million ($5 million) in aid meant to fund the group's projects have been missing.

Former employees of the VFFI turned into "whistleblowers" and claimed the organization falsified receipts and contracts to make it appear the funds were being used for their intended purpose.

The VFFI has been considered the leading Philippine group in the fight against human trafficking.

The foundation also received financial support from international companies Starbucks and Microsoft.

Oebanda has also been tapped as an adviser to the Philippine government in its effort to remove the country from the international watchlist of states where human trafficking remains rampant.

Oebanda had denied the accusations and expressed her "shock" over the allegations, saying her organization was willing to defend itself in court. — VVP, GMA News