Sandiganbayan acquits ex-DA regional director of graft raps

The Sandiganbayan has acquitted a former regional director of the Department of Agriculture-Region IV of a graft charge in connection to an alleged unliquidated amount of the fertilizer fund that was given to the region.

In a 43-page decision promulgated on January 13, the Anti-Graft Court Second Division cleared former regional director Dennis Araullo of violation of the Anti-Graft and Corrupt Practices Act for failure of the prosecution to prove his guilt beyond reasonable doubt.

“All things considered, the court is of the view that accused’s guilt was not proven beyond reasonable doubt in order for him to be convicted of the offense charged,” the Court said.

“The prosecution failed to prove the existence of a corrupt intent, dishonest design, and unethical interest which goes to the very nature of the offense charged,” it added.

The Court also ordered the hold-departure order against Araullo to be lifted and set aside and his bond to be released.

The case stemmed from the nationwide special audit conducted by state auditors on the P728 million Farm Inputs/ Farm Implements Program (FIFIP) fund under the Ginintuang Masaganang Ani Program of the DA.

Araullo was accused of causing injury to the government in the amount of P5.6 million, which represented the unliquidated portion of the FIFIP given to the DA-Region IV.

The prosecution accused Araullo of transferring the funds without authority to suppliers of dubious legitimacy and failing to take the necessary measures and precautions to safeguard and monitor the disbursement of funds.

Araullo, meanwhile, claimed regularity in the performance of his duties and denied that there is an unliquidated fund since the balance from the FIFIP fund was already reverted to the Bureau of Treasury.

For its part, the Sandiganbayan said that it is not convinced with the prosecution’s argument, saying that it failed to show that Araullo acted with malicious motive or intent.

On the prosecution’s argument that Araullo failed to conduct prior consultations with the intended beneficiaries, the Court said records show that the intended beneficiaries of the FIFIP fund were already identified prior to the release of the funds to the region.

“[T]he funds for the program were already fully transferred and received by their respective LGUs as evidenced by the receipts issued by the said LGUs. Hence, as stated in their respective MOAs, it was the LGU who was bound to identify the projects to which the fund will be alloted to.

The Court also dismissed the prosecution’s argument that Araullo exceeded his authority when he signed the disbursement vouchers for the release of the fund.

It said that then-Undersecretary Jocelyn Bolante authorized all regional executive directors to sign various documents relating to FIFIP in order to better facilitate the release of the funds to the LGUs.

According to the Court, there was also no sufficient evidence to show that Araullo acted with manifest partiality.

“The record is bereft of evidence to show that it was the accused himself who selected and accredited these partner NGOs. In fact, the selection of NGO partners is not the task of the accused,” it said.

The Court further said that the prosecution failed to show that the partner NGOs were of dubious existence.

Meanwhile, the Court also shot down the prosecution’s argument that Araullo failed to monitor the disbursement of funds, saying that the task of liquidation and project implementation was ultimately lodged with the legislative representatives.

“While the accused has the concomitant duty to demand accomplishment and liquidation reports from the LGUs and to intervene and undertake corrective measures in the event of misappropriation, the criminal liability of the accused cannot be made to depend solely upon the finding that the accused was remiss in his duties under the MOA,” it said.

The Sandiganbayan also said that there is bereft evidence to prove that the P5.6 million was misused, lost, misappropriated, or embezzled to the detriment of the government.

“The accused, in his defense, explained that the unexpended amounts from the fund has been reverted to the General Fund of the Bureau of Treasury (BTr),” it said.

“While the accused did not provide any documentary evidence to prove that the unexpected amounts were reverted to the BTr, the table on Distribution of Farm Inputs and Implements Fund Balances, adduced in evidence by both parties, showed that the balance between the amount released to DA Region IV and the amount granted to LGUs, NGOs or suppliers, have been reverted to the BTr,” it added. — RSJ, GMA Integrated News