Sandigan acquits Padaca of graft but upholds malversation conviction

The Sandiganbayan Third Division acquitted former Isabela Governor Maria Gracia Cielo Padaca of graft charges but upheld the malversation conviction against the politician.

In a 32-page resolution, Saniganbayan Third Division Presiding Justice Amparo Cabotaje-Tang granted Padaca's motion for reconsideration and reversed her earlier graft conviction.

"[S]he is hereby acquitted of the said charge for failure of the prosecution to prove her guilt beyond reasonable doubt," the decision read.

It also lifted the hold departure order against Padaca, and ordered the return of the bail bond Padaca posted for her provisional liberty, subject to the usual accounting and auditing requirements.

Padaca reported her acquittal via social media on Saturday, September 19. Official documents were released by the Sandiganbayan on Sunday, September 20.

Malversation

The Sandiganbayan, however, denied for lack of merit Padaca's motion for reconsideration on the malversation charges against her.

The case stems from a P25-million contract with the Economic Development for Western Isabela and Northern Luzon Foundation Inc. (EDWINLFI) for the implementation of Isabela's rice program.

In its initial decision in November, the anti-graft court found Padaca guilty of malversation and ordered Padaca to pay the Isabela government P18 million in fines for granting the contract to EDWINFLI even if the Memorandum of Agreement was not approved by the Provincial Board.

In her motion, Padaca asserted that her conviction for the crime was erroneous, as she claimed her only participation in the transaction was with the MOA.

"[H]er participation began and ended with the act of entering into the MOA. It would be quite a stretch of reason and logic to hold the accused an accountable officer because of her act of entering into the MOA," she was quoted as saying.

The Sandiganbayan in its latest resolution found Padaca's argument devoid of merit, as a public official becomes an accountable officer within the Revised Penal Code either because of the nature of their functions or on account of their participation in the use or application of public funds.

In her post over the weekend, Padaca maintained that the contract is aboveboard because the provincial board gave her the authority.

"Isang taon na minarkahan ang mga ebidensiya, mga kontrata at resibo ng mga farmers, na sa kanila talaga napunta ang pera. Hindi ako pumasok ng MOA ng walang authority ng Sangguniang Panlalawigan. Binigyan nila ako ng authority na pumasok ng MOA, at notarized ito," she said.

Despite her conviction, Padaca said she is prepared for a long legal battle ahead to reverse her conviction.

"Sure we will appeal this, even [all the way] to the Supreme Court," Rogelio Vinluan, the counsel for Padaca, said.

Padaca, also a former Commission on Elections commissioner, was a recipient of the 2008 Ramon Magsaysay Award for Good Governance and is one of the founders of Kaya Natin, a movement for good governance. — DVM, GMA News