Malversation raps dismissed vs. ex-DA officials over P4.9-M fund transfer sans docs

The Sandiganbayan has dismissed malversation of public funds charges against former Department of Agriculture officials in connection with the transfer of P4.9 million in public funds to private suppliers without public bidding due to lack of evidence.

This developed after the anti-graft court granted government prosecutors' motion to withdraw the criminal information against former DA Regional Executive Director Roger Chio and eight others due to lack of sufficient evidence to prove the essential elements of malversation.

Chio and the eight others were initially accused of releasing P4.9 million worth of public funds to suppliers Everland Agri Corporation, Mintal Fruit Nursery, and Asian Hybrid Technologies, Inc. despite absence of documents showing any advertisement, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract to the damage and prejudice of the government.

“This Court finds merit in the subject Motion [of government prosecutors].  One essential element of the crime of malversation is that a public officer must take public funds, money or property, and misappropriate it to his own private use or benefit. A close scrutiny of the allegations contained therein would show that it is mainly anchored on the fact of the respondents' (accused) alleged irregularities in the procurement process without any allegations of misappropriation,” the Sandiganbayan said in its 10-page Resolution dated January 21.

“Herein, the information in SB-18-CRM-0246 for malversation of public funds is defective. The allegations therein lacked an essential element for the crime charged, in particular the fourth element thereof, which is—that the accused appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them,” the anti-graft court added.

Further, the Sandiganbayan cited that there should be an evidence of shortage before there could be any taking, appropriation, conversion, or loss of public funds that would amount to malversation.

“The law requires that the shortage must be clearly established as a fact that over and above the funds found by the auditors in the actual possession of the accountable officers, there is an additional amount which could not be produced or accounted for at the time of audit. In malversation, it is necessary to prove that the accused received public funds, that he could not account for them, that he did not have them in his possession and that he could not give a reasonable excuse for the disappearance of the same,” the Sandiganbayan said.

“There being no sufficient evidence of misappropriation against the respondents herein, the case for malversation of public funds against the accused would not prosper into conviction, and it is therefore futile now to proceed with the case. Wherefore, in view of the foregoing, the Motion to Withdraw the Information in SB-18-CRM-0246 for malversation of public funds punished under Article 217 of the Revised Penal Code, as amended, is hereby granted. Accordingly, let Criminal Case No. SB-18-CRM-0246 be withdrawn, as prayed for,” the Sandiganbayan added.

As a result of the dismissal of the case, the Sandiganbayan also ordered the recall of Hold Departure Orders issued against the erstwhile accused.

The cash bonds secured by the same accused for their provisional liberty in the same criminal case were also ordered released, subject to the usual accounting and auditing procedures. — BM, GMA News