FORMER Technology and Livelihood Resource Center (TLRC) deputy director Dennis Cunanan has failed to secure a reversal of the October 6, 2023 decision of the Sandiganbayan Third Division wherein he was convicted of two counts each of graft and malversation of public funds together with several co-defendants.
The anti-graft court denied Cunanan’s motion for reconsideration in its 11-page resolution issued January 29, 2024 affirming the 12 to 20 years total sentence in the two graft cases and 14 to 27 years for the malversation charges.
Likewise upheld were the P5.4 million in total fines against Cunanan and his co-defendants and another P5.4 million in civil liabilities imposed by the Sandiganbayan.
The charges stemmed from the release of P6 million Priority Development Assistance Fund (PDAF) or “pork barrel” allocations of former Davao del Sur Rep. Marc Douglas Cagas IV to the TLRC in 2008.
Prosecutors and government auditors said the TLRC then transferred the PDAF sums to Farmerbusiness Development Corp (FDC), a non-government organization (NGO), in two tranches of P600,000 followed by P4.8 million all within February 2008.
Cagas was tagged as having handpicked FDC to be the project partner in implementing livelihood and development projects in various barangays in the First District of Davao del Sur.
Named co-defendants of Cagas and Cunanan were TLRC director general Antonio Ortiz, legislative liaison Maria Rosalinda Lacsamana, budget officer Consuelo Lilian Espiritu, and chief accountant Marivic Jover.
Charged as private defendants were Johanne Edward Labay, Arnolfo Reyes, and Aileen Carrasco all representing FDC.
But in April 2022, Cagas signed a plea-bargaining agreement with the prosecution wherein he voluntarily paid P12.95 million as restitution to the government in exchange for which he was allowed to plead guilty to lesser offenses — Frauds Against Public Treasury, Failure of an Accountable Officer to Render Accounts and Falsification.
The former lawmaker was sentenced to imprisonment for four months to 2 years and ordered to pay a total of P63,000 in fines.
In his appeal, Cunanan argued that the elements of the criminal offenses were not proven beyond reasonable doubt, proof of his taking part in a conspiracy to defraud the government was lacking, and he had no involvement in accrediting an NGO partner or implanting PDAF-funded projects.
The Sandiganbayan, however, pointed out that there was nothing novel in the grounds raised by the former TLRC executive in his motion for reconsideration as these have been “thoroughly and assiduously passed upon by the Court” in the assailed decision.
It noted that the evidence presented by the prosecution established that the actions of the accused caused undue injury to the government at the same time gave unwarranted benefits, advantages, or preferences to the NGO.
The court held that when Cunanan signed the disbursement voucher, it was not a mere ministerial act as it involved “attestation to the legality and regularity of the transaction.”
“As found by the Court, accused Cunanan’s implied consent to the grand scheme to defraud the government is apparent considering the mode or manner of the commission of the offense, and from his acts before, during, and after the commission of the crime,” the Sandiganbayan said.
