2 ex-Nabcor officials get 24 years for malversation, graft in pork barrel scam

The Sandiganbayan has convicted two former officials of state-run National Agribusiness Corporation (Nabcor) and a private individual on two counts of malversation of public funds and two counts of graft in connection with the P10-billion "pork barrel" scam.

In an 86-page decision, the anti-graft court meted 24 to 40 years' imprisonment to former Nabcor Human Resources manager Encarnita-Cristina Munsod, former General Services Unit head Romulo Relevo, and private defendant Margie Tajon-Luz, president of GabayMasa Development Foundation Inc., on top of a P4.85-million fine and reimbursing the same amount to the government subject to 6% annual interest until paid in full, for conspiring with one another to defraud the government and embezzle public funds sourced from the discretionary Priority Development Assistance Fund (PDAF), known as pork barrel fund, of the late Eastern Samar congressman Teodulo Coquilla.

The anti-graft court said that while Nabcor officials Munsod and Relevo merely followed the instructions of their co-accused and boss, Nabcor President Alan Javellana, the two are individually liable for processing the documents that paved the way for the release of taxpayers’ money to bogus projects.

“The prosecution was able to prove that …accused Relevo, Munsod, and Luz conspired with accused Coquilla. [They] willingly went along with the ignoble scheme of accused Coquilla by completing the act of embezzling the PDAF-drawn funds through the implementation of a fictitious and non-existent livelihood project,” the Sandiganbayan said.

GabayMasa was Coquilla’s chosen project partner for his PDAF-funded projects submitted liquidations totaling P4,849,995.87.

GMA News Online is still trying to get a comment from those who have been convicted.

Based on case records, P4.365 million was initially released to Nabcor on January 23, 2008, followed by P485,000 on July 1, 2008. Nabcor then transferred the money to GabayMasa on January 26, 2008 and July 14, 2008, respectively.

The court, however, said that prosecutors were able to show that aside from the liquidation report, receipts and sales invoice dated between November 7, 2007 and January 15, 2008 show that GabayMasa already spent the money even before it was supposedly transferred to them by Nabcor.

"Relevo and Munsod signed the box A of the Disbursement Voucher Nos. 08-01-00200 and 08-07-02229, respectively, thus certifying that the documents are complete and proper. Without their signatures, the UCPB Check Nos. 407937 and No. 417265 would not have been issued to GABAYMASA. Their certification as the first signatories of the disbursement vouchers made it appear that the disbursements were indeed necessary and lawful despite the glaring deficiencies in the attached supporting documents,"  the Sandiganbayan pointed out.

"Coquilla unilaterally chose and indorsed GABAYMASA as the cooperating non-government organization in the implementation of his PDAF-funded livelihood project despite the fact that it is not specifically included in the list of authorized implementing bodies under the General Appropriations Act (GAA) for 2007. The foregoing actions of accused Coquilla were downright illegal and in blatant violation of the special provision of the PDAF Article in the GAA for the year 2007," the court said.

The court also noted that GabayMasa's business registration had long expired in March 17, 2003 when it was unilaterally selected as the project partner and on the implementation of the PDAF­ funded livelihood project of accused Coquilla in the years 2007 and 2008. In addition, GabayMasa was not evaluated by Nabrcor or the Department of Agriculture through the Bid and Awards Committee (BAC) to meet the minimum qualification requirements and the specifications for the project in violation of items 4.5.1 and 4.5.2 of the COA (Commission on Audit) Circular No. 2007-001.

Aside from the concocted canvass and quotations, the Sandiganbayan said the prosecution was also able to prove that the alleged winning bidders were also fabricated.

"Records reveal that the reported distribution of the seedlings and instructional materials to the intended beneficiaries is highly questionable, considering that none of the 13 selected beneficiaries confirmed receipt of the items. Moreover, eight  of these purported beneficiaries were either unknown at their given addresses or did not claim their confirmation letters. Other intended beneficiaries did not respond to the COA Audit Team," the court said.

“Under these given facts, there can be no question that the accused acted in concert to attain a common purpose. The prosecution was able to prove by moral certainty that the accused, in conspiracy with one another, misappropriated the PDAF-drawn public funds. The evidence of the prosecution is overwhelming and has not been overcome by the accused,” the court added.

Sandiganbayan Associate Justice Ronald Moreno penned the 86-page Decision while Presiding Justice Amparo Cabotaje-Tang and Associate Justice Bernelito Fernandez concurred. — BM, GMA News