The Sandiganbayan has convicted two former officials of the now defunct National Agribusiness Corporation (NABCOR) and a private individual of graft and malversation of public funds.
Convicted were former Human Resources and Administrative Manager Encarnita Cristina P. Munsod and general services unit head Romulo M. Relevo, and private individual Margie T. Luz of the non-government organization Gabaymasa Development Foundation, Inc.
They were sentenced to six to 10 years for each of their graft charges and 10 to 14 years for each of the malversation charges. They were also perpetually disqualified from holding public office and ordered to “jointly and severally return and reimburse to the government, through the Bureau of Treasury" the amounts of P4,365,000 and P485,000 which will earn legal interest at the rate of six percent per annum.
They were the co-accused of the late Eastern Samar Rep. Teodulo "Duloy" Montances Coquilla, NABCOR President Alan A. Javellana, Chief Accountant Ma. Julie A. Villaralvo-Johnson, and Ma. Cristina Vizcarra of Gabaymasa.
The Sandiganbayan had dismissed the charges against Coquilla due to his death, while the cases against Javellana, Villaralvo-Johnson, and Vizcarra have been archived.
The court found that on Jan. 23, 2008, the accused chose and endorsed Gabaymasa as the project partner in the implementation of Coquilla's P4,365,000 PDAF. However, the projects turned out to be fictitious. On July 1, 2008, they did the same with the amount of P485,000.
"The Court finds that the modalities of manifest partiality and evident bad faith are both present in the questioned transactions, as proved by the irregularities and illegalities accompanying the grant of accused Coquilla's PDAF-drawn funds to NABCOR, and its subsequent transfer to Gabaymasa, as well as the utilization of the said funds," the Sandiganbayan’s decision stated.
The decision stated that the utilization of Coquilla's PDAF-drawn funds was undertaken "irregularly and illegally" and despite being chosen as project partner of Coquilla's PDAF, Gabaymasa did not perform its obligations.
"Under these given facts, there can be no question that the accused acted in concert to attain a common purpose," the court ruled.
The decision was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.