Sandiganbayan junks raps vs. ex-TRC execs over release of P20.1-M PDAF to unqualified NGO

The Sandiganbayan has acquitted three former officials of state-run agency Technology Resource Center (TRC) of two counts of graft and two counts of malversation charges involving the release of P20.1 million Priority Development Assistant Fund (PDAF) to an unqualified nongovernment organization (NGO) due to the prosecution's failure to prove their guilt. 

In a 51-page decision, the Sandiganbayan said that ex-Deputy Director General Dennis Cunanan and group manager Francisco Figura cannot be faulted for the release of P20.1 million PDAF of then Isabela Representative Anthony Miranda to unqualified NGO Aksyon Makamasa Foundation, Inc. (AFMI) because they both expressed misgivings on the said project.

"Even as Cunanan had been a signatory as then­ Deputy Director General in the two Disbursement Vouchers involving Miranda's PDAF, he had unequivocally indicated his misgivings on the process of implementation as borne by the Memorandum of February 9, 2007 that he addressed to [TRC] Director General [Antonio] Ortiz, through the attention of Group Manager Figura," the Sandiganbayan said. 

"Therein, he had enjoined that the Center come up with clear Policy Guidelines which he anticipated would have averted further confusion in the implementation of the legislators' PDAF projects," the anti-graft court added.

The court then cited that Figura timely raised his reservations concerning PDAF with an appended handwritten note to Cunanan's February 9, 2007 Memorandum suggesting that "these matters be thoroughly discussed in the ManCom and presented to the Board of Trustees of TRC due to the far-reaching implications and consequences of the PDAF issues", as well as Figura's issuance of Memorandum 131 dated April 4, 2007 requesting to be relieved of his duty and responsibility as a signatory to the PDAF-related disbursement vouchers in his capacity as then OIC-DDG of TRC.

"Figura had prudently manifested his reservations in affixing his signature on the PDAF vouchers. It is likewise favorable to his defense when he opined that while the livelihood training projects may certainly be delegated to a foundation/NGO that enjoys the recommendation of congressmen, the ideal situation would still be the Center as the implementer of the programs since the latter had the expertise to do so. In regard of the foregoing, Figura cannot be said to be liable under the herein charges of graft," the court said.

On the other hand, the Sandiganbayan said then TRC Chief Accountant Marivic Jover is also not liable given that she only certified the availability of funds. 

"To the mind of the Court, Jover is similarly to be exculpated because as OIC of TRC's Accounting Division, her certification that funds were available only reflect such actual fact which was the amount specified in the two Disbursement Vouchers exist and can be utilized for the stated purpose," the Sandiganbayan said. 

"Certainly, the SARO (Special Allotment Release Order) and NCA (Notice of Cash Allocation) issued by the DBM (Department of Budget and Management) makes available the amount stated respectively in the vouchers. The replication on the MOA of such certification by Jover is but a reiteration of such fact of fund availability," Sandiganbayan added.

The anti-graft court also absolved Cunanan, Figura and Jover of malversation raps for the same reasons.

"Accused Figura and Cunanan are properly entitled to exculpation in light of the misgiving and protestation they timely raised with respect to the PDAF transactions while Jover escapes liability because of the indubitable veracity of her certification that funds were indeed available for the purpose," the Sandiganbayan said. 

The anti-graft court, however, conceded that the P20.1 million released to AMFI remains unliquidated and "necessarily gives rise to the presumption that said funds have been misappropriated or converted to someone's personal use and benefit." 

As a result of their acquittal, the Sandiganbayan also authorized the release of the bail deposited by Cunanan, Figura, and Jover for their provisional liberty, subject to the usual accounting and auditing procedures. 

The hold departure orders issued against them were likewise lifted and set aside, and the Bureau of Immigration has been directed to remove their names in the hold-departure list, insofar as these cases are concerned. —KG, GMA News