Ruffy Biazon guilty of graft, cleared of malversation over PDAF misuse

The Sandiganbayan has found Muntinlupa Mayor Ruffy Biazon, Janet Napoles, and four other former government officials guilty of graft in connection with the alleged misuse of the priority development assistance fund in 2007.

The anti-graft court sentenced Biazon, Napoles, as well as former government agency Technology Resource Center officials Dennis Cunanan, Maria Rosalinda Lacsamana, and Evelyn De Leon to six to eight years in jail, in addition to perpetual disqualification from public office.

They were found guilty of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, in connection with P2.7 million worth of PDAF. 

Court records showed that whistleblower Benhur Luy said Biazon received P1,950,000 through an authorized representative.

The Sandiganbayan said public funds from Biazon’s PDAF went to the Napoles-run Philippine Social Development Foundation, Inc. (PSDFI), a corporate entity that could not have been physically located at its declared address.

While PSDFI is based in Taguig, the anti-graft court said it had no permit to operate as a business.

“While its status could have been easily verified from a background check, PSDFI was allowed to transact with the government with the execution of the Memorandum of Agreement. This was a blind move on the part of the government officials,” the Sandiganbayan said.

“It was only inevitable, therefore, that COA would later flag violations on selecting PSDFI as the lead implementing agency because PSDFI’s selection did not conform to COA (Commission on Audit) Circular No. 2007-001. The project implementation itself lacked validity. It existed on paper, but not in fact,” it added, referring to the Commission on Audit.

The Sandiganbayan, however, cleared Biazon of malversation raps in the same pork barrel case because the Daily Disbursement Report (DDR) of state witness and former Napoles entities’ finance officer Benhur Luy, which supposedly detailed how public funds went to the accused, was not authenticated.

“Benhur Luy’s DDRs were not properly authenticated. The prosecution may have worked on the premise that these DDRs were presented and admitted in other cases before the other Divisions of this court, but no judicial notice can be taken thereof,” the Sandiganbayan said.

“Since the charge of malversation worked under the theory of conspiracy, the non-authentication of the DDR entries provided the unintended gap in the evidence, which provided reasonable doubt for all the accused. Therefore, it is no longer necessary to discuss the elements of malversation. At this instance, all accused charged with malversation are exculpated from liability,” it added.

Before the May 30 decision, the anti-graft court had already cleared Biazon of direct bribery, also in the same pork barrel case.

Biazon, meanwhile, has said that he will appeal the ruling.

“Public service should not be derailed by noise or distraction. My commitment to Muntinlupeños stands firm—a city led with compassion, guided by vision, and focused on real solutions," Biazon said in a statement.

Biazon's camp also said that the Sandiganbayan verdict does not impact his current position as mayor.

The camp said Buazon is hoping that the mayor will ultimately be cleared of the graft charge after the court found him not guilty of malversation and direct bribery.

Atty. Mitchell David Espiritu, a spokesperson for Biazon, said that the Sandiganbayan’s May 30 ruling finding Biazon and five others guilty was surprising because the same anti-graft court had already cleared Biazon of direct bribery and the graver offense of malversation of public funds.

“Iginagalang po namin ang naging desisyon ng Sandiganbayan. Bahagi po ito ng proseso ng ating hustisya," Espiritu said.

"Gayunpaman, ikinagulat po natin ang hatol kay Mayor Ruffy Biazon sa akusasyong paglabag sa Republic Act 3019—lalo na’t nauna na siyang na-abswelto sa charges kaugnay sa paggamit ng pondo ng bayan,” he added.

(We respect the decision. This is part of due process, although we are surprised by the verdict since he was already cleared in other charges involving this.)

“Ang bribery charge ay nauna nang na-dismiss ng dahil sa kawalan ng ebidensya. Ngayon naman ay acquitted din si Mayor Biazon sa charge ng malversation.Umaasa po tayo na gaya ng mga naunang kaso ay maa-abswelto rin si Mayor Ruffy sa dulo ng proseso ng hustisya,” Espiritu said.

(The bribery charge was already dismissed due to lack of evidence, and the mayor was also cleared of malversation. We are hopeful that just like in the other cases, the mayor will be ultimately found innocent of this charge.) —VAL/NB, GMA Integrated News