Ex-TRC officials convicted of graft, malversation over pork barrel misuse

The Sandiganbayan has found former two state-run Technology Resource Center officials guilty of malversation and graft over the misuse of P22.5 million from then-Senator Gringo Honasan's discretionary funds from 2007 to 2008.

In a 97-page decision dated August 15, the anti-graft court sentenced former TRC deputy director Dennis Cunanan to at least six years of imprisonment for his graft conviction and at least 12 years for malversation.

Former TRC group manager Maria Rosalinda Lacsamana was sentenced to six years of imprisonment for graft and at least 10 years for malversation through falsification of public documents.

The misuse of P22.5 million worth of Honasan’s Priority Development Assistance Fund (PDAF) involved the transfer of the public funds to a fake non-government organization, Pangkabuhayan Foundation Inc. (PFI), for supposed projects to benefit the widows and orphans of fallen soldiers and policemen in Isabela and Cagayan.

Honasan, however, was not among the defendants in the cases.  

“The [Commission on] Audit (COA) Team could not confirm the physical existence of the suppliers or service providers because the supporting documents attached to the subject Disbursement Vouchers (DVs) for the payment of professional fees, transportation fees, catering services, training materials, venues, salaries, wages and mobilization fees consisted merely of acknowledgment receipts and certificates of acceptance for services rendered, did not indicate the addresses of the concerned business establishments,” the Sandiganbayan said.

“The signature of accused Cunanan was necessary before any disbursement could be released to any party. His accountability lay in his act of signing DV No. 012007122117, which eventually led to the release of the PDAF to the PFI. At the time material to these cases, accused Cunanan was the Deputy Director General of TRC. His control over the property is likewise proven by his own admission when he presented an Office Circular authorizing him to sign PDAF-related transactions of up to P1 million,” the Sandiganbayan added.

Likewise, the anti-graft court said Cunanan should have exercised due diligence before signing DV No. 012007122117.

“In signing Box 'A' of this DV,  Cunanan certified that the expense was necessary, legal, and incurred under his direct supervision. He is thus expected to have ensured that the release of the funds had legal basis,” the Sandiganbayan said.

Lacsamana, for her part, argued she did not personally receive any notice of disallowance from COA.

The anti-graft court, however, said this does not clear Lacsamana of criminal liability because the physical existence of PFI is questionable.

The Sandiganbayan said that per the state auditors’ report dated August 14, 2013, the two addresses declared by PFI in its liquidation report is a dilapidated apartment previously occupied by its NGO president and a residential unit whose occupant was unaware of the existence of the PFI.

“Without any evidence in refutation, these liquidation reports [submitted by PFI] were indeed falsified. However, despite these irregularities, accused Lacsamana made it appear that livelihood training programs were conducted and expenses were incurred thereon. Clearly, she made untruthful statements in the said Memorandum even when the supporting documents stated otherwise,” the Sandiganbayan added.

By way of civil liability, Cunanan is also hereby ordered to pay the Republic of the Philippines, through the Bureau of Treasury, the amount of P20 million with legal interest of six percent (6%) per annum reckoned from the finality of this decision until full satisfaction alongside his two other fellow co-accused from PFI.

On the other hand, Lacsamana and two other co-accused in the PFI are also hereby ordered to jointly and severally indemnify the Republic of the Philippines through the Bureau of Treasury, the amount of P2.5 million with legal interest of 6% per annum reckoned from the finality of this decision until full satisfaction. — BM, GMA Integrated News