Sandiganbayan finds ex-DSWD exec guilty of graft, malversation over PDAF misuse

The Sandiganbayan on Thursday sentenced a former regional director of the Department of Social Welfare and Development (DSWD) to more than 20 years of imprisonment for graft and malversation over alleged misuse of a lawmaker’s pork barrel allocation.

In an 88-page ruling, the anti-graft court's Fifth Division meted Honorita Bayudan six years to ten years of imprisonment for graft as well as 14 years to 18 years for malversation.

She was perpetually disqualified from public office.

It ordered her to pay a fine of P5 million, representing the amount malversed, and another P5 million to the government with an interest rate of 6% per annum until finality of the decision.

“The court acknowledges the plight of the accused who may be bearing the consequences not only of her acts but also that of her subordinates,” it said.

“Nonetheless, the laws under which the accused was charged are clear. ‘Dura lex sed lex.’ The law may be harsh but that is the law. This court has therefore no other option but to apply the same,” it added.

The case stemmed from the alleged irregularities in the Priority Development Assistance Fund (PDAF) allocation of Congresswoman Consuelo Dy for the first tranche of Fiscal Year 2007 in the amount of P8 million.

The budget was for the Comprehensive Integrated Delivery of Social Services (CIDSS) project to be implemented by the Department DSWD-National Capital Region.

According to the Sandiganbayan, the DSWD-NCR, then represented by Bayudan, Dy, and Unlad Pinoy Organization Inc. (UPOI) entered into a memorandum of agreement (MOA) for the implementation of the CIDSS.

In convicting Bayudan, the Sandiganbayan found that she acted with manifest partiality, evident bad faith, and/or gross inexcusable negligence.

The court noted that she was directly involved in the registration of UPOI as Social Welfare and Development Agency, the execution of the MOA, the transfer of funds, and the implementation and monitoring of the project.

“In this entire process, the court found accused Bayudan to have committed glaring irregularities that reflect manifest partiality and evident bad faith on her part, or at the very least, gross inexcusable negligence,” it said.

The Sandiganbayan found that the release of funds to UPOI was not in accordance with a Commission on Audit circular and the MOA.

“Despite this, accused Bayudan allowed it to happen,” it said.

According to the court, the MOA presented to Bayudan did not bear the names and signatures of the individuals required to sign it. The MOA was also undated and unnotarized, contrary to the PDAF Utilization and Management Workflow.

It said that it was incumbent for Bayudan to refer the MOA back to the Standards Unit if she found any irregularity in its execution.

Aside from this, the Sandiganbayan flagged the DSWD-NCR’s release of P5 million to UPOI on March 29, 2007, even though the total budget was supposed to be released in two tranches.

The Sandiganbayan also said that Bayudan failed to monitor the implementation of the project or to ensure its monitoring.

“Nonetheless, accused Bayudan failed to do so. She chose to leave UPOI free from scrutiny and did not actively perform her duties under the MOA and as Regional Director of DSWD-NCR,” it said.

“Without a doubt, these acts show that accused Bayudan's negligence is not merely simple but gross and inexcusable, considering her position and the circumstances mentioned above,” it added.—AOL, GMA News