The Office of the Ombudsman (OMB) has dismissed the criminal and administrative complaints filed against former Malabon-Navotas Rep. Federico S. Sandoval II, his wife former Malabon Vice Mayor Jeannie N. Sandoval, and 10 others involving the alleged misuse of the former legislator’s P20 million Priority Development Assistance Fund (PDAF) from 2007 to 2009.
Cleared by the OMB, aside from the Sandoval couple, were Department of Social Welfare and Development (DSWD) Regional Director Badua Bayudan, Chief Accountant Ma. Luisa O. Francisco, Social Welfare Officer III Maria Cecilia L. Rimon, and Administrative Officers V Victoria Santos Legacion and Imelda I. David.
Also cleared were Pamamalakaya Foundation, Inc. (PFI) President Rosario S. Ranoa, Project Officer Rexie U. Lagrazon, and Incorporators Lolita N. Evangelista, Manolita N. Santos, and Gwendolyn T. Gerente were also included in the complaint-affidavit that was filed on March 8, 2017.
They were criminally accused of violations of Section 3(e) and (h) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code or Malversation of Public Funds, and administratively charged with grave misconduct, serious dishonesty and conduct prejudicial to the best interest of the service.
The Commission on Audit (COA) noted alleged irregularities in the release and utilization of Sandoval's PDAF -- in particular, Sandoval released his PDAF worth P20 million to his reportedly chosen nominee foundation or NGO – PFI -- where his wife Jeannie was an incorporator.
Sandoval was accused of defrauding the government by entering into a grossly disadvantageous "cash for work program." He reportedly disregarded the required procedures and documentary requirements provided by law.
But in its joint resolution, which was signed by Ombudsman Samuel S. Martires, the OMB cleared the respondents in the complaint since the evidence presented in the case was insufficient to sustain a finding of probable cause against the respondents.
"In the present case, Sandoval (the former legislator) was not the concerned public officer discharging official functions in the implementation of the PDAF during the procurement activities, the conduct of public bidding, or in the manner in which it is implemented," the joint resolution read.
The OMB pointed out that there was no showing that he (Sandoval) had "a notorious predilection" to ensure that PFI would be selected or favored.
As for the DSWD officers, the Ombudsman found nothing in the complaint-affidavit that would show that they agreed with the other respondents to commit a crime or administrative offenses.
"Thus, in the absence of evidence that proved partiality, malice and bad faith, presumption of regularity must be appreciated on the duties performed by public respondents," the joint resolution stated.
Also, the OMB found no evidence showing that the PFI incorporators conspired with government officials for the alleged falsification and non-implementation of the PDAF projects.