The Sandiganbayan has affirmed its decision that convicted former North Cotabato 2nd District Rep. Gregorio T. Ipong and an official of the now-defunct Technology and Livelihood Resource Center (TLRC) of graft and malversation for misuse of the former legislator’s P4.9 million priority development assistance fund (PDAF) in 2007.
Affirmed was the imprisonment of Ipong and TLRC Chief Accountant Marivic V. Jover for six to 10 years for graft and 10 to 17 years for malversation.
Also affirmed were the payments of P4.9 million fine and P4.9 million civil liability.
The Sandiganbayan denied their separate motions for reconsideration.
Ipong claimed that there was no undue injury caused to the government and that his endorsement of Aaron Foundation Philippines Inc. (AFPI) was "erroneously considered" as acts of manifest partiality and gross inexcusable negligence.
Jover, on the other hand, alleged that she was not in conspiracy with the other co-accused, and this was not even proved by the prosecution.
But the court said: "Accused Ipong and Jover failed to raise any new, substantial, and compelling arguments, which could have inspired the Court to render a judgment exonerating them from the charges.”
In its Sept. 13 decision, the Sandiganbayan had ruled that Ipong did not comply with the requirements in selecting AFPI to implement his PDAF-funded projects. There was also no evidence showing that AFPI furnished its certificate of registration or its financial statements for the last three years of its operation, it said.
In the case of Jover, the court said she "miserably failed" to check the accreditation and qualification requirements of AFPI, which therefore resulted in undue injury to the government.
The court’s resolution that denied their motions for reconsideration was written by Associate Justice Kevin Narce B. Vivero with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Zaldy V. Trespeses.
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