The Sandiganbayan has convicted former Bukidnon Rep. Candido Pancrudo Jr. and Mark Espinosa of Uswag Pilipinas Foundation, Inc. (UPFI) of graft and malversation of public funds for the illegal use of the former legislator’s P7.9 million in priority development assistance fund (PDAF) in 2009.
Pancrudo and Espinosa were convicted of two counts of violations of Section 3(e) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, and one count each of malversation of public funds and malversation through falsification of public documents.
Former National Agribusiness Corporation (Nabcor) officials Rhodora Mendoza, Maria Ninez Guanizo, and Victor Roman Cacal were found guilty of one count each of malversation of public funds and malversation through falsification of public documents.
Pancrudo and Espinosa were sentenced to jail terms ranging from six to 10 years for each count of graft; two to six years for malversation; and 14 to 15 years for malversation through falsification of public documents.
Mendoza, Guanizo, and Calcal were sentenced to imprisonment ranging from four to eight years for malversation and 16 to 17 years for malversation through falsification of public documents.
Each of them was ordered to pay a fine of P1,193,100 and P6,760,900. They, as a group, were ordered to pay the Bureau of Treasury P1,193,100 and P6,760,900.
The cases against their co-accused, former Nabcor official Alan A. Javellana, have been ordered archived pending his arrest.
The prosecution said that in 2009, Pancrudo selected the non-government organization UPFI to implement the P7.9 million livelihood projects in Bukidnon even if UPFI was not an accredited foundation.
At the same time, the prosecution said that UPFI was chosen without the benefit of public bidding, and the accused failed to verify UPFI’s existence or capacity to deliver.
The accused even facilitated the approval of vouchers and the release of the amounts of P1,193,100.00 and P6,760,900 despite inconsistencies in the supporting documents, the prosecution also said.
In its decision, the Sandiganbayan said the accused acted in conspiracy and executed a "devious scheme" to misappropriate the public funds.
"Taken together with the circumstances that as grantee of the PDAF, Pancrudo was given the discretion to choose the implementing agency of his priority project, and that as disbursing officers of Nabcor, Cacal and Guanizo were in charge of certifying and signing the disbursement voucher, and Mendoza was the one in charge of preparation and delivery of check issued by Nabcor, the conclusion is inevitable that all accused had a united purpose, that is, to allow UPFI, through Espinosa, to receive the check and misappropriated the proceeds thereof," the decision stated.
The decision was written by Associate Justice Maria Theresa V. Mendoza-Arcega with the concurrence of Fifth Division Chairperson Rafael R. Lagos and Associate Justice Maryann E. Corpus-Mañalac.
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