Sandigan acquits NGO execs Roque, Ang in P6.5-M PDAF case

The Sandiganbayan has junked two counts of graft and two counts of malversation charges against private individuals Godofredo Roque and Morrys Ang in connection with the P6.5 million worth of Priority Development Assistance Fund (PDAF) released to their non-government entities for livelihood projects for farmers that turned out to be non-existent.

In a 29-page ruling, the anti-graft court's First Division said that the prosecution did not submit enough evidence to prove that Roque and Ang—incorporators of Kabuhayan at Kalusugang Alay sa Masa Foundation (KKAMFI) and Aaron Foundation Philippines Inc (AFPI)—conspired with then-La Union Rep. Thomas Dumpit, Jr. and officials of state-run Technology and Livelihood Resource Center (TLRC) to pocket the PDAF funds of Dumpit, instead of funding the livelihood project for farmers.

Of the P6.5 million PDAF, P6 million was released to AFPI while P500,000 was granted to AFPI.

The Sandiganbayan cited that the mere fact that Roque and Ang were incorporators and/or officers of KKAMFI and AFPI is “certainly insufficient to justify the conclusion that they conspired with their co-accused.”

“After a careful consideration of the evidence adduced by the prosecution, the court is convinced that the guilt of accused Roque and Ang for the crimes charges has not been proven and with the required quantum of proof at this stage of the proceedings. None of the evidence either directly or indirectly through adequate circumstantial evidence that accused Roque and Ang committed actual overt acts to show that they became part of the conspiracy in the commission of crimes charged in these cases,” the Sandiganbayan said.

“Aside from the articles of incorporation, general information sheets and by-laws, no other documentary evidence nor testimony was put forth by the prosecution to show their respective participations in the unlawful disbursements of accused Dumpit, Jr.’s PDAF,” it added.

Likewise, the anti-graft court pointed out that Roque and Ang did not commit any act involving the PDAF funds aside from signing official documents as incorporators of KKAMFI and AFPI, respectively.

In addition, Gloria de Guzman Silverio of the Commission on Audit testified before the anti-graft court that the COA Special Audit on PDAF did not mention any liability on Roque and Ang

“To reiterate, in order to hold an accused guilty as a co-principal by reason of conspiracy, he must be shown to have performed an overt act in pursuance or furtherance of the complicity. Conspiracy can be inferred from, and established by, the acts of the accused themselves when said acts point to a joint purpose and design, concerted action and community of interests,” the Sandiganbayan said.

“From the foregoing discussion, it is crystal clear that the prosecution failed to muster the required quantum of evidence. Wherefore, premises considered, the motions to dismiss on demurrer to evidence of accused Roque and Ang are hereby granted, and that the said accused are acquitted of the crimes for which they stand charged.”

As a result, the Sandiganbayan has also ruled out civil liability for Roque and Ang because of the prosecution’s failure to prove any act or omission on their part.

The bonds posted by the accused for their  provisional liberty were also ordered cancelled and released subject to the usual accounting and auditing procedures.

Last but not the least, the hold departure order issued against the erstwhile accused last August  18, 2017 has been ordered recalled by the anti-graft court. —KBK, GMA News