Sandiganbayan clears ex-Agri chief Alcala of graft, but orders him to pay for 'negligence'

The Sandiganbayan has cleared former Agriculture secretary Proceso Alcala of graft and malversation of public funds charges due to the prosecution's failure to prove his guilt beyond reasonable doubt.

The case involved the transfer of P6 million worth of Alcala's Priority Development Assistance Fund (PDAF) to a non-government entity ECOSOC when he was Quezon lawmaker.

In an 89-page decision dated March 20, the anti-graft court said that the 2007 release of Alcala’s PDAF was above board given that the Supreme Court only ruled the fund illegal in 2013.

“Prior to its being declared unconstitutional, the PDAFs released were considered valid releases of the  government and are presumed constitutional. Alcala's acts of requesting the  release of his PDAF allocation as well his endorsement of ECOSOC to DSWD in 2007, were in line with the prevailing practice and  custom for the identification of PDAF-funded projects at that time,” the Sandiganbayan said.

The anti-graft court, however, said that Alcala remains civilly liable over the P6 million amount that the government lost due to his negligence.

“However, accused Alcala is found to be civilly liable for his negligence in the strict and improper implementation of the project funded by his PDAF,” it said.

“He is hereby ordered to pay to the government P6.050 million. The said amount will earn legal interest of 6% per annum upon finality of the Decision until fully paid.” it added.

Sandiganbayan noted that while Alcala endorsed ECOSOC to the Department of Social Welfare and Development for his PDAF-funded project, the crucial decision on whether to engage the group for the project lies with the department.

“There is no showing that Alcala was clearly predisposed or inclined to favor ECOSOC. Contrarily, Alcala was merely recommending ECOSOC to be his project partner. He did not command, pressure, compel or intimidate the DSWD to grant ECOSOC's application for registration. His letter was merely recommendatory in character,” the Sandiganbayan added.

The Sandiganbayan also dismissed the prosecution’s allegation that Alcala was a participant in the conspiracy to commit the aforementioned crimes.

“It is the DSWD that has the discretion to either grant or deny ECOSOC's application for  registration. As to the documents submitted by ECOSOC to the DSWD, Alcala affixed his signature thereon merely on the word  'NOTED.' His signature cannot be interpreted as an approval, but simply an indication that he received said documents before its  transmittal to the DSWD for the latter's appropriate action, being the Implementing Agency,” the court said.

“Alcala further explained that his initials on the left margin of every page served merely as an additional security on his part to ensure that the page is authentic and was not replaced or substituted,” it added.

Further, the anti-graft court said that Alcala’s accountability on his PDAF has ceased upon the release of the said funds to the DSWD.

“The payment to the NGO, the compliance with the requirements for release of the whole or part of the said  funds had to be done and undertaken solely by the DSWD. Accused Alcala can only recommend to the DSWD which NGO would be chosen to actually carry out the implementation of the Project, and the final decision would rest upon and be done by the DSWD,” the Sandiganbayan said.

“Not being the public officer who had control of the funds  anymore, accused Alcala could no longer be considered to be an accountable  officer, and could not have appropriated, taken, misappropriated  or consented, or, through abandonment or negligence, permitted another person to take them,” it added.—LDF, GMA Integrated News