THE Commission on Audit has relieved former Court of Appeals Justice Danton Bueser of any liability in connection with the anomalous transfer of P20 million from his congressional pork barrel funds to two dubious non-government organizations (NGOs) in 2007 when he was still a congressman of Laguna.
A finding from a handwriting expert of the National Bureau of Investigation (NBI) that the former lawmaker’s signature was forged on the documents submitted relative to the transaction was cited by the COA Commission Proper as sufficient ground to clear Bueser.
According to records, the Department of Budget and Management (DBM) released two special allotment release orders (SARO) on February 14, 2007 and March 22, 2007, both for P10 million each charged against Bueser’s PDAF.
Of the first P10 million, the Technology Resource Center (TRC) deducted P400,000 as “service fee” before transferring P9.6 million to the Philippine Environmental and Ecological Development Association (PEEDA).
From the second P10 million, TRC withheld P200,000 as service fee with the balance of P9.8 million given to Aaron Foundation Philippines Inc. (AFPI).
However, a special audit of PDAF releases by COA’s Special Audit Office (SAO) flagged the fund transfer, noting that neither AFPI nor PEEDA was identified in the General Appropriations Act of 2007 as legitimate implementing agencies (IAs). Notices of disallowance (NDs) were issued against the transaction on October 26, 2015.
Auditors said even the physical existence of PEEDA and AFPI was “questionable since they could not be located in their given principal addresses.” Both also failed to respond to letters from the COA requiring them to submit additional documents to prove their track records.
Bueser was included among persons liable in the notices of disallowance for endorsing the two NGOs and for signing the tripartite memorandum of agreement (MOA), project proposals, work and financial plans (WFP) concerning the fund transfers.
On October 19, 2017, Bueser, then already an Associate Justice of the CA, filed his appeal to the NDs and requested exclusion from liability, clarifying that he did not endorse PEEDA and AFPI to implement any project.
At the same time, he denied signing any document relative to the fund transfers and called COA’s attention to his letter dated January 19, 2012 notifying the audit team of the differences between his real signature compared to those appearing in the supporting documents.
At Bueser’s request, the NBI also conducted a handwriting examination which yielded a conclusion that supported his assertion.
While supporting the stand of the Special Audit Office that forgery cannot be presumed and must be proved by clear and convincing evidence by the one asserting the claim, the COA CP said it cannot simply set aside the findings of the NBI’s handwriting expert.
Likewise, it cited the pronouncement of the Office of the Ombudsman that Bueser’s endorsement of the NGOs was merely recommendatory and that it was the responsibility of the TRC to ensure that there should have been a public bidding.
“Absent any proof that Justice Bueser conspired or imposed his will on the TRC officials to an extent that they would abandon their duties, there is no basis to hold Justice Bueser liable under the NDs. The ruling in this appeal should not be read as a precedent for cases involving the PDAF. Each case must be decided on its own merit taking into consideration the particular facts and evidence,” the COA said.
