FORMER officials of the Technology and Livelihood Resource Center (TLRC) and private defendants have failed in their bid for early termination of proceedings in multiple charges of graft, malversation of public funds, and falsification filed against them by the Office of the Ombudsman.
The Sandiganbayan Second Division denied separate motions by the defendants seeking leave of court to file demurrers to evidence which, had they been granted, would have meant their outright acquittal without the need to present evidence.
Associate Justice Oscar C. Herrera Jr., Second Division chairperson, penned the nine-page resolution promulgated June 16, 2023 that ordered former TLRC deputy director general Dennis Cunanan, department manager Francisco Figura, and private individuals Rolleo and Bernardita Ignacio to present evidence to disprove allegations leveled against them.
The Ignacios are representatives of the Dr. Rodolfo A. Ignacio Sr Foundation Inc. (DRAISFI), which was picked as the NGO partner for the implementation of supposed livelihood programs funded by the Priority Development Assistance Fund (PDAF) of former Manila Rep. Joey Hizon in 2007.
“After a careful study, the Court finds that the evidence adduced by the prosecution, testimonial and documentary, appears to the prima facie sufficient to sustain the conviction of the accused of the crimes charged against them, unless successfully rebutted by evidence,” the anti-graft court declared.
Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio concurred.
The cases, filed by the Ombudsman only last year, consist of four counts of graft, four counts of malversation of public funds, and two counts of falsification by a public officer an offense punishable under Article 171 (2) of the Revised Penal Code.
Based on the charge sheet, P5 million from Hizon’s PDAF went to DRAISFI while another P5 million went to two other NGOs — Kaagapay Magpakailanman Foundation Inc. (KMFI) and Kabalikat sa Kalusugan and Kaunlaran Foundation Inc. (KKKFI).
Prosecutors said while the money was released to the TLRC as a conduit before being transferred to the NGOs, the livelihood program never materialized as none of the residents of the city of Manila benefitted from it.
Among those who testified for the prosecution were state auditor Joan Agnes Alfafares; Business Permit and Licensing Division officers from the cities of Pasig, Manila, and Quezon City; and various Barangay chairpersons from the Fifth District of Manila.
In their separate motions, the defendants argued that the evidence presented by the prosecution against them was insufficient to establish their liability under the offense charged.
The court, however, said the defense stand was untenable, explaining that the information filed all alleged conspiracy among them in the commission of the crimes charged.
“A prima facie case is a cause of action that is sufficiently established by a party’s evidence to justify a verdict in his favor, provided such evidence is not successfully rebutted by the other party,” the Sandiganbayan said.
