eFOR the third time in the past two months, the Sandiganbayan has ruled to put former executives of a government-owned or controlled corporation (GOCC) behind bars for their involvement in the multi-billion pesos Priority Development Assistance Fund (PDAF) or pork barrel scam.
In its 13-page resolution dated February 8, 2024, the anti-graft court affirmed the conviction of former Technology and Livelihood Resource Center (TLRC) deputy director general Dennis Cunanan, chief accountant Marivic Jover, and legislative liaison officer Belina Concepcion for graft and malversation of public funds.
Likewise upheld was the guilty finding against private defendant Samuel Bombeo, representative of Molugan Foundation Inc., for the same criminal offenses.
All four were sentenced to six to eight years imprisonment in the graft case and 12 to 18 years in the malversation charge. They were also ordered to pay P9.6 million in fines on top of another P2.9 million imposed by the court as indemnity cost due the government.
Cunanan, Jover, and Concepcion were also barred from ever holding any other public post.
The cases involved the anomalous transfer of P9.6 million from the PDAF allocations of late Negros Oriental Rep. Herminio Teves to Molugan Foundation without going through competitive public bidding as required under RA 9184 or the Government Procurement Reform Act.
The full amount released by the Department of Budget and Management (DBM) to the TLRC was P10 million but the GOCC retained P400,000 as a “service fee.”
In its assailed decision, the court noted that an NGO was not authorized as an implementing arm of PDAF-funded projects.
Prosecution evidence also showed that Molugan Foundation was not accredited by the government and had no record of having undertaken any type of livelihood project.
In their separate motions for reconsideration, the four defendants challenged the basis for the finding of conspiracy and the sufficiency of the government’s evidence equivalent to proof beyond reasonable doubt.
The Sandiganbayan, however, said all the elements of the charges of graft and malversation were duly proven during the trial.
It noted that Concepcion recommended the release of the P9.6 million to Molugan even ahead of the memorandum of agreement.
“Concepcion, with undue haste, issued the Memorandum for the release of PDAF to MFI, which demonstrates manifest partiality in favor of MFI,” the Sandiganbayan said.
On the other hand, it noted that Jover did not question the release of the full P9.6 million to the NGO when the COA Circular No. 96-003 stated that such sums should be released in tranches only.
“Jover, thus, exhibited gross inexcusable negligence and manifest partiality toward MFI,” it pointed out.
On the part of Cunanan, the court said the accused failed in his duty to determine that the release of public funds was for a necessary and lawful purpose.
Bombeo’s evident bad faith was highlighted by his signature on the MOA even while the registration of the MFI was still pending with the Securities and Exchange Commission and even in the absence of accreditation for the foundation.
“The Court maintains that the accused-movants conspired with one another and displayed manifest partiality, gross inexcusable negligence, and/or evident bad faith in causing undue injury to the government in the amount of P9,600,000,” the Sandiganbayan declared.
In a resolution dated January 29, 2024, the Third Division also denied the appeal of Cunanan on his conviction on two counts each of graft and malversation of public funds in connection to the PDAF allocations of former Davao del Sur Rep. Marc Douglas Cagas IV in 2008.
He is facing a combined 26 to 47 years imprisonment for the four cases aside from P5.4 million in fines and P5.4 million in civil liabilities.
Last February 5, the Sixth Division also convicted Cunanan, Jover, and former TLRC group manager Ma. Rosalinda Lacsamana of graft and malversation of public funds relative to a transaction involving the PDAF allocation of former Laguna Rep. Danton Bueser.
They were all sentenced to six to eight years for the graft case and 12 to 18 years for the malversation of public funds with perpetual disqualification from holding public office.
The court also ordered them to pay P9.8 million as a fine and P9.8 million in civil liability payable to the Bureau of Treasury.
