DESPITE his acquittal on three counts of graft charges, three counts of malversation of public funds, and one count of direct bribery last year, the Sandiganbayan held that former Ilocos Sur Rep. Salacnib Baterina remains civilly liable for negligence in safeguarding taxpayers’ money about his P35 million Priority Development Assistance Fund (PDAF) or pork barrel allocations.
A resolution dated January 9, 2024 issued by the anti-graft court’s Special Second Division denied the former lawmaker’s Motion for Partial Reconsideration asking that he should likewise be absolved of civil liability, which requires him to indemnify the government in the sum equal to the illegally disbursed amount.
Based on charges filed by the Office of the Ombudsman in 2017, Baterina was accused of favoring non-government organizations (NGOs) Kaagapay Magpakailanman Foundation Inc. (KMFI) and Philippine Social Development Foundation Inc. (PSDFI) by personally choosing them to implement his PDAF-funded projects in 2017 despite lack of public bidding.
Named co-accused were executives of the Technology and Livelihood Resource System (TLRC), businesswoman Janet Napoles, and officers of the private foundations.
Graft investigators said the KMFI received P25 million in two tranches while PSDFI got P10 million.
In a 27-page decision dated October 27, 2023, the Sandiganbayan Second Division convicted Napoles, TLRC Sales and Portion supervisor Belina Concepcion, and NGO officer Godofredo Roque but acquitted Baterina and the rest of the defendants.
The court held that as a veteran congressman, Baterina had previously received PDAF allocations but failed to safeguard the proper disbursement and utilization of the funds entrusted to him.
In his appeal filed on November 13, 2023, the former lawmaker argued that his acquittal should likewise mean that he is cleared of any civil liability.
He invoked a lack of evidence to show that he was duly informed of the PDAF allocated to his district, proof accepted by the court that documents bearing his signature were mere forgeries and that the sum was effectively assigned to the next Congress since at the time of release, he was already an outgoing congressman.
The Sandiganbayan was not convinced, noting that it is Congress that passes the proposed government budget which includes fund allocations for congressional districts.
It affirmed its previous pronouncement that the former legislator is jointly liable with his convicted co-defendants.
“It is unseemly for accused-movant to feign ignorance on a matter which was within his sworn responsibility to perform as a lawmaker,” it pointed out.
While the court sustained his stand that the documents with his signatures were forged, it noted that it was Baterina who requested that his PDAF allocations be released to the TLRC as an implementing agency backed by the testimony of prosecution witnesses that only PDAF liquidation documents were fabricated.
As an incumbent lawmaker during the said transactions, the court said his office was notified of the release of the funds from the issuance of the special allotment release orders (SAROs) and the corresponding checks.
“Indeed, he cannot invoke ignorance when the evidence clearly shows that he knowingly caused the release of his PDAF, and thus, should have safeguarded them from fiscal marauders. He should have exercised better diligence, prudence, and oversight in the conduct of his affairs,” the Sandiganbayan added.
