FORMER Quezon City Rep. Mari Grace Preciosa Hipolito-Castelo and her co-defendants have failed to persuade the Sandiganbayan to dismiss two criminal charges filed against them by the Office of the Ombudsman last year about allegations of pocketing sums intended as assistance for displaced workers during the COVID-19 pandemic.
In its 10-page resolution issued last June 3, the anti-graft court’s Third Division denied three separate Motions to Quash filed by the former lawmaker, her political affairs officer, Maria Theresa Encallado, and volunteer/coordinators Elizabeth Martinez, Norie Valerio, Leonora Bernardo, Anabelle Ocfemia, Edilbert Valerio, Emma Agraan, Eliseo Hermoso, Jacquelyn Sales, Margie Varon, and Rosalie Buena.
They were named in charges for violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and estafa through falsification of official/public documents.
Associate Justice Bernelito Fernandez penned the resolution while Associate Justice Karl B. Miranda and Ronald B. Moreno concurred.
The Ombudsman’s Graft Investigation and Prosecution Officers Randolph Nicolas, Michelle Villabesa, and Voltaire Africa alleged that the accused pocketed “a substantial portion” of the P1.09 million Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced Workers (TUPAD) released by the Department of Labor and Employment (DOLE) between November 2020 to September 2021.
Prosecutors said the assistance did not reach the intended beneficiaries in Barangays Batasan Hills, Commonwealth, and Holy Spirit in Quezon City because the defendants, “using deceit, false pretense, or fraudulent acts,” defrauded the government by submitting falsified documents to make it appear that the beneficiaries rendered services and were compensated for it.
They said the accused shaved off a big part of the cash assistance from the wages of each beneficiary.
Among the documents found to have been fabricated were letters of intent, TUPAD Work programs, lists of beneficiaries, and daily time records (DTRs).
In her Motion to Quash, the former legislator argued that the information for both charges was defective as the narration of facts alleged did not constitute offenses.
She insisted that there is no clear showing that her acts were attended with bad faith, manifest partiality or gross inexcusable negligence or any damage caused to the government.
She also said that the conspiracy between her and her co-accused was not shown.
The Sandiganbayan disagreed.
“Applying settled jurisprudence, this Court finds that the elements for both charges are sufficiently alleged in the respective Informations. Both Informations allege that the concerted acts of all the accused-movants caused undue injury and defrauded the government in the total amount of P1,090,110,” the court said.
It noted that both criminal information described specific fraudulent acts committed in implementing the TUPAD program.
“The manifest and deliberate intent to do a wrong and cause damage to the government was allegedly shown in their acts of submitting falsified documents to support claims for salary, by stating that they were beneficiaries that rendered full service, when in fact, they did not,” the Sandiganbayan added.
