THE Sandiganbayan has acquitted a former regional executive director of the Department of Agriculture (DA) of a graft case filed against him in 2011 involving alleged misuse of fertilizer funds totaling P5.61 million.
In a 43-page decision promulgated January 13, 2023, the anti-graft court held that the prosecution failed to prove its case against DA Regional Field Unit 4 executive Dennis Araullo beyond reasonable doubt.
Araullo was accused of giving favors to certain suppliers and beneficiaries in the distribution of P5,613,636 from the Farm Inputs and Farm Implements Project (FIFIP) of the DA.
Prosecutors said Araullo failed to conduct prior consultation with beneficiaries and legitimate proponents of the Ginintuang Masaganang Ani (GMA) Program which were required under RA 8435, or the Agriculture and Fisheries Modernization Act (AFMA), and Executive Order No. 338, s. 2001.
They said that at the time of trial, the entire sum remained unliquidated.
However, the Sandiganbayan noted that it found no evidence in the record to show that there has been no liquidation of P5,613,636 as alleged.
On the other hand, Araullo explained that the sum mentioned was part of the P11.75 million that the D-RFU4 had already reverted back to the Bureau of Treasury because the money was not used.
The regional accountant of DA Region 4A also testified that the COA never issued a notice of disallowance or an audit observation memorandum relative to the FIFIP funds that would have signified if there was any irregularity found.
“The prosecution failed to prove beyond reasonable doubt that there was in fact loss, misuse, misappropriation or embezzlement in the amount of P5,613,636, more or less, to the government’s detriment,” the court pointed out.
With regards to the allegation of unwarranted favor to suppliers and NGOs, the Sandiganbayan noted that Araulo was not involved in the accreditation process for NGOs as it was the office of the DA Undersecretary for Field Operations which identified the LGU proponents even before the funds were transferred to DA Region 4.
“Notably, the prosecution did not even attempt to show any connection between accused on one hand, and the proponents and NGOs on the other, to back its claim that the accused gave the unwarranted benefits, advantage or preference,” the court added.
