THE Sandiganbayan Second Division yesterday affirmed its July 8, 2024 decision finding former Cagayan de Oro City Rep. Constantino Jaraula, Department of Agriculture Region 10 technical director Joel Rudinas, budget officer Ma. Reina Lumantas, accountant Claudia Artazo, and private defendant Evelyn de Leon guilty of violating the Anti-Graft and Corrupt Practices Act (RA 3019).
In it 35-page resolution, the anti-graft court reiterated its previous pronouncement that all five accused were guilty beyond reasonable doubt of conspiring to give unwarranted benefits to Philippine Social Development Foundation Inc. (PSDFI), a dubious non-government organization, by tapping it to undertake the procurement and distribution of P3 million worth of fertilizers to farmers in Jaraula’s legislative district.
The court said the prosecution was able to prove “badges of evident bad faith, manifest partiality, and gross inexcusable negligence” in the actions of the convicted defendants.
Evidence presented during trial established that PSDFI was not accredited by the Department of Agriculture, not located in the same region as the project based on its given address in Western Bicutan, Taguig City, and that it had no other sources of funding to implement the project other than donations, grants, and membership fees.
“As exhaustively discussed, there is overwhelming evidence that proved the fact that the transaction involved herein is highly irregular. There is no denying that the acts performed by the accused were committed towards the common goal of awarding the project to PSDFI and releasing government funds to it,” the Sandiganbayan said.
Jaraula and the rest of the accused were sentenced to imprisonment for a period of six to ten years with perpetual disqualification from public office imposed against the defendant public officials.
However, the court granted Jaraula’s motion to set aside the civil liability requiring them to repay the P3 million with a six percent yearly interest.
It sustained the former lawmaker’s argument that there was an absence of proof that the fertilizers were not actually delivered to the intended beneficiaries in Cagayan de Oro City.
“The prosecution, despite the plentitude of evidence presented, failed to prove the exact amount for which the government sustained injury. While all the elements for violation of Section 3 (e) of RA 3019 were sufficiently proven … there is a dearth in its evidence to prove the amount of actual injury,” it pointed out.
