TWENTY years since the anomalous releases of Fertilizer Funds, former Cagayan de Oro City Rep. Constantino Jaraula, Department of Agriculture Region 10 technical director Joel Rudinas, budget officer Ma. Reina Lumantas, and accountant Claudia Artazo have been convicted by the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act.
In a 77-page decision promulgated July 8, 2024, the Sandiganbayan Second Division sentenced each of them to imprisonment for six to ten years with perpetual disqualification from holding any government post and forfeiture of all retirement and gratuity benefits.
Likewise convicted was private defendant Evelyn de Leon, president of the Philippine Social Development Foundation Inc. (PSDFI), a non-government organization (NGO) tapped to implement the supposed project.
On the other hand, former Cagayan de Oro City agriculturist Godofredo Bajas was acquitted on reasonable doubt as the evidence presented against him during the trial fell short of establishing his guilt.
All convicted defendants were also held jointly liable to pay P3 million to the city government subject to six percent legal interest from the finality of the decision until paid in full.
However, all the accused were acquitted on a separate charge of malversation of public funds due to insufficiency of evidence.
Associate Justice Arthur O. Malabaguio penned the ruling, with Associate Justices Geraldine Faith A. Econg and Edgardo M. Caldona concurring.
Based on the charge sheet filed in 2018, Jaraula was accused of conspiracy with the other defendants in picking PSDFI to implement agricultural assistance projects under the Ginintuang Masaganang Ani-Farm Input Farm Implements Program (GMA-FIFIP) even if this NGO was ineligible.
Prosecutors said PSDFI gave its office address in Western Bicutan in Taguig City, which was too far from the project area of Cagayan de Oro City in violation of Commission on Audit Circular No. 96-003.
Documents about the private foundation also showed it failed to prove that it could implement the project, having listed donations, grants, and membership fees as its only sources of funding.
The anti-graft court held that the prosecution was able to prove “badges of evident bad faith, manifest partiality, and gross inexcusable negligence” in the actions of the convicted defendants.