THE Sandiganbayan has thrown out corruption charges against former Department of Agrarian Reform director and OIC undersecretary Teresita Panlilio for weak evidence and criticized the manner by which government prosecutors handled the trial.
In a 29-page resolution penned by Associate Justice and Seventh Division chairperson Ma. Theresa Dolores C. Gomez-Estoesta, the anti-graft court said after government lawyers failed to present original documents during the trial, it was left with little choice but to grant Panlilio’s demurrer to evidence which has the effect of an acquittal.
“(The) prosecution relied heavily on such project documentation in proving both charges. But how could the court accord probative value to each documentary exhibit when all of them were admitted to be merely certified photocopies from file?” the court pointed out.
Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo concurred.
Based on the information for graft and malversation of public funds filed in 2020, Panlilio was accused of conspiring with private defendant Arnel Almadrones in causing undue injury to the government by releasing P5 million to a non-government organization in 2008 without public bidding.
Graft investigators said none of the local government units in Misamis Oriental and Camarines Norte, which were identified as beneficiaries of the livelihood projects under DAR, acknowledged having received anything.
Government auditors and prosecutors said the NGO partner — the Singi, Aguit-it, Manculugan, Mantango, Sabang Multi-Purpose Cooperative (SAMMSMPC) — headed by Almadrones as president was not accredited and was unqualified due to lack of track record in handling government projects.
During trial, however, the court noted that prosecutors only submitted documents tagged as “certified xerox copy from file” including the certificate of registration of SAMMSMPC, the NGO’s letter dated April 21, 2008 to the Cooperatives Development Authority (CDA), the cooperative’s supposed by-laws, the memorandum of agreement between DAR and SAMMSMPC, the disbursement voucher, the check dated September 3, 2008, and an undated official receipt issued by the cooperative.
Called to the witness stand, supervising auditor for DAR Hasel Ann Flameño said the originals of the documents could not be found in her files and she is not aware of the whereabouts of the originals since she assumed the post only in 2016, after the subject transactions.
Audit team member Lionell Masagca testified in similar vein, saying only photocopies were found in their office files.
The original documents the prosecution was able to present were the certifications from municipal agriculturists and municipal mayors, who denied receiving any livelihood program from SAMMSMPC.
While the prosecution had an opportunity to shore up its case by marking secondary evidence, the court noted that government lawyers failed to do so after submitting only photocopies.
“From here on, the Prosecution surprisingly terminated its evidence presentation and rested its case. No attempt was made to resort to the introduction of secondary evidence. Worst, the investigative findings of the FIO (Field Investigation Office) were never even confirmed during trial,” the court noted.
It pointed out that prosecutors did not even identify who the supposed beneficiaries of the DAR/SAMMSMPC projects were so the certifications from LGU officials served no purpose.
“The fact that 17 officials from different municipalities of Misamis Oriental presented Certifications that their municipality was NOT a beneficiary of the livelihood program could not, on their own, support the cause that the program was a ghost project. The real beneficiaries of the livelihood program were not identified at the outset,” the Sandiganbayan stressed.
