The Sandiganbayan has acquitted Leo P. Cañeda, former Department of Agriculture (DA) regional director for Eastern Visayas, of graft charges in connection with his alleged mishandling of P49 million in fertilizer funds in 2004.
In clearing Cañeda, the anti-graft court ruled that the prosecution failed to prove that there was manifest partiality, evident bad faith or gross inexcusable negligence on his part in the distribution of the funds.
Written by Associate Justice Michael Frederick L. Musngi, the court’s resolution stated that Cañeda did not abuse his authority in transferring to beneficiaries the P49 million he received for the implementation of the Farm Inputs and Farm Implements Project (FIFIP) of the DA.
Cañeda was charged with violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, for causing undue injury to the government in the amount of P4 million.
He reportedly failed to enforce General Memorandum Order No. 2 (GMO No. 2), series of 2001 issued by then DA Secretary Leonardo Q. Montemayor, by transferring the P49 million funds to beneficiaries in excess of his authority. As a result, it was alleged by the prosecution that P4 million was misappropriated.
But the Sandiganbayan said that Montemayor issued another memorandum which designated Agriculture Undersecretary Jocelyn I. Bolante to evaluate and approve all requests for fund assistance and authorized regional directors to enter into memorandum of agreements (MOAs) with local government units (LGUs) under the program.
"Based on the above-cited DA issuances, the Court finds that accused did not violate GMO No. 2 nor entered into MOAs with LGUs in excess of his authority because his actions were sanctioned by the DA Secretary himself," the Sandiganbayan said.
At the same time, the anti-graft court noted that Cañeda had no hand in the selection of LGUs in the transfer of funds and that further negates evident bad faith and manifest partiality on his part.
"There is thus no showing of intervention on the part of the accused to favor or to be manifestly partial to any beneficiary of the subject amounts," it stressed.
Also, it pointed out in the resolution that the prosecution failed to prove its allegation that there was injury caused to the government.
The resolution was concurred in by Associate Justices Oscar C. Herrera Jr. and Bayani H. Jacinto of the Sandiganbayan’s second division.