RETIRED Philippine Army Brig. Gen. Arnolfo Palmea and Col. Rommel Cordova have been cleared by the Sandiganbayan on seven charges of graft filed against them by the Office of the Ombudsman in 2017 in connection with alleged mishandling of public funds related to a cancelled mission overseas.
In a 62-page decision promulgated last October 27, the anti-graft court’s Fourth Division said the prosecution failed to establish that Palmea and Cordova persuaded or induced seven non-commissioned officers not to liquidate their share of the cash advances — a key element of the offense charged.
Palmea was also acquitted of a separate charge of malversation on a finding that he had fully settled all his accountabilities as certified by the Armed Forces Accounting Office, contrary to allegations that he converted the P563,406.75 cash advance for his personal benefit.
Also acquitted of one count of graft were MSgt. Godofredo Juguilon Jr., SSgt. Marcelino Cuevas, SN1 Alain Polancos, TSgt. Lorenzo Bassig, TSgt. Simplicio Tagara Jr., and SSgt. Joseph Balazo.
Associate Justice and Fourth Division chairperson Michael Frederick L. Musngi penned the ruling, with Associate Justices Lorifel Lacap Pahimna and Bayani H. Jacinto concurring.
What was supposed to be a simple 51-day mission to help sort out firearms being donated by the United States government to the AFP in 2000 became a 20-year legal nightmare for the nine officers involved.
Records showed that Palmea, then a colonel, received a letter order dated November 14, 2020 to head a seven-man team to fly to Anniston, Alabama to “inspect, sort, replace damage parts, and assemble serviceable components” of 30,000 M16A-1 rifles being donated by the US government to the AFP.
Based on the directive, members of the Alabama Mission were to fly to the US on November 23, 2000 and return on January 12, 2001.
Each member of the group received cash advances of P563,406.75 covering round trip airfare, lodging expenses, daily and clothing allowances, and pre-departure expenses. The money was sourced from the Self-Reliant Defense Posture (SRDP) Fund.
A few days before their departure, Palmea’s group was notified that the trip had been moved to January 2001 since the US military personnel supposed to work with them onsite were busy elsewhere during the Christmas season. Flights and hotel accommodations already paid for had to be cancelled and rebooked.
Come New Year 2001, the team was again told the trip had to be pushed back.
Having already shopped and packed for the expected cold weather, mission members realized there is a risk that their cash advance would be dissipated due to more delays.
To ensure the team’s funds will remain intact, Palmea consulted with the Directorate for Materiel Development (OJ9) since it had custody over the SRDP Fund where the cash advances were drawn. Cordova, a budget officer of OJ9, was part of the consultation.
In his testimony, Palmea said the plan to deposit the team members’ cash advance in their Armed Forces and Police Savings and Loans Association, Inc. accounts was formed during these discussions.
Gathering all the team members’ cash advance, the total amount of P3,194,902 was turned over to Cordova, including $15,600.
It was only in June 2002 that the team was informed that the Alabama Mission had been scrapped altogether. By then, the cash advances had been distributed to several AFPSLAI accounts.
Because four members of the team were on assignment in other parts of the country, Cordova asked four other army officers who are not team members to accommodate the deposits in their own AFPSLAI accounts.
Palmea said he was surprised to receive a demand letter from the Commission on Audit dated September 12, 2005 informing him that his failure to liquidate the cash advance constituted prima facie presumption that he committed malversation.
The case went to the Ombudsman and criminal charges were filed against them for multiple counts of graft.
