Ex-water district exec found guilty of graft over LWUA funds misuse

The Sandiganbayan has found a former acting general manager of the Tugaya Water District guilty of graft and malversation over the misuse of P10 million worth of public funds meant for water supply improvement in Lanao del Sur in 2011.

In a 61-page decision, the Sandiganbayan sentenced former water district acting general manager Jamaloden Faisal to 40 years in prison after he was found to have gained custody of P10 million worth of  Local Water Utilities Administration (LWUA) funds, and withdrew the amount from the account of the water district at the Philippine National Bank branch in Carmen, Cagayan De Oro for expenses related to a non-existent water supply project.

“None of the expenses which he listed under the Summary of Expenses and none of the progress which is outlined in the Physical Accomplishment Report as of July 2011 for the water supply project turned out to be true," the Sandiganbayan said.

"Moreover, the testimonies of the members of the NBI (National Bureau of Investigation) team and the sole proprietor of NASCON Builders belie the actual undertaking of any such project,” it added.

The court said after the LWUA funds were withdrawn from the bank, Faisal never used them for the implementation of the water supply improvement.

"Accused Faisal himself proffered no evidence to dispute or rebut the above-mentioned facts and circumstances against him. Neither did he offer any evidence to explain where the LWUA-drawn funds, over which he had custody, were used,” the Sandiganbayan added.

GMA News Online is trying to get Faisal's comment as regards the Sandiganbayan decision.

The anti-graft court cited pictures taken by the NBI showing that there were existing infrastructures in the supposed locations of the water reservoirs and that these infrastructures were either non-functional,  dilapidated, moss-covered or with markings indicating that such was constructed and funded by other government agencies or NGOs.

“The Court finds the result of the verification/inspection conducted by the NBI team as mentioned in the Joint Affidavit of prosecution witnesses to be credible and with probative value,” the Sandiganbayan said.

As the acting general manager, the Sandiganbayan said Faisal is presumed to have known the status of the construction/project.

“Based on the documentary and testimonial evidence of the prosecution, accused Faisal utilized his official function as the Acting General Manager of the Tugaya Water District to directly participate in the supposed implementation of the construction/project, in the opening of the PNB bank accounts under the name of the Tugaya Water District, and in the withdrawal and liquidation the LWUA-drawn funds intended for the construction/project,” the Sandiganbayan said.

In his defense, Faisal argued that he was not on the roster of personnel of the local government unit Tugaya and that his appointment letter the prosecution presented purportedly signed by Mayor Alber Balindong of Tugaya was not in an official form.

The anti-graft court, however, dismissed these arguments by citing the Sangguniang Bayan Resolution No. 001, series of 2011 recognizing Faisal as the acting general manager of the water district and even designated him as one of the authorized signatories who can transact with PNB Carmen-CDO branch on behalf of the water district.

In addition, the Sandiganbayan also said that Faisal himself accepted the designation and discharged the functions of the Acting General Manager of Tugaya Water District as evidenced by his actions, particularly concerning the bank account of Tugaya Water District and the LWUA-drawn funds.