THE Sandiganbayan has affirmed the conviction of former Bukidnon Rep. Candido Pancrudo, an executive of a government-owned or controlled corporation (GOCC), and a private co-defendant on eight counts of graft and four counts of malversation of public funds.
In an eight-page resolution dated July 10, 2023, the anti-graft court’s Second Division denied separate motions for reconsideration filed by Pancrudo, Technology Resource Center (TRC) group manager Rosalinda Lacsamana, and private defendant Johanne Edward Labay, of Farmerbusiness Development Corp. (FDC), a non-government organization (NGO)
The court said it saw no valid reason to modify or reverse its April 14, 2023 that sentenced the defendants to a total of 96 to 151 years imprisonment with fines amounting to P69.7 million and civil indemnity in the sum of P32.8 million to be paid to the national treasury.
The cases alleged a conspiracy between the former lawmaker, Labay’s NGO, and executives of the Technology Resource Center (TRC), to funnel P32.8 million from Pancrudo’s Priority Development Assistance Fund (PDAF) allocations into bogus transactions in 2007 and 2008.
A special report released by the Commission on Audit on the multi-billion pesos PDAF scam became the basis for the indictment.
During the trial, state auditors led by assistant commissioner Susan Garcia testified that spurious official receipts from Felta Multi-Media Inc., a legitimate supplier of instructional materials, science equipment, and educational mobile devices were used to cover up the fraudulent transactions.
Felta president Matia Aileen Abiva-Sazon admitted in court that the ORs were from her business but the particular series used by FDC were from a booklet that was earlier misplaced.
She denied having any transaction with FDC, declaring that the ORs presented in the liquidation were fraudulently used.
In their respective appeals, the defendants argued that the court erred in pronouncing them guilty of the crimes charged saying the evidence presented by government prosecutors did not amount to proof beyond reasonable doubt.
Likewise, they said the evidence fell short of establishing a conspiracy among them.
The court however held that the evidence showed Pancrudo wrote to TRC no less than four times prompting the GOCC to release his PDAF to FDC.
“The tenor of his letters belies the mere recommendatory character that he wishes to typify his NGO designation,” it pointed out.
On the other hand, the transfer of the PDAF sums from the TRC to the FDC and Labay’s submission of spurious documents to support the liquidation were taken by the court as proof of conspiracy.
“The Court finds no valid reason to reconsider or modify the Decision dated April 14, 2023. The Findings and conclusions contained in the decision stand,” the Sandiganbayan said.
