The Sandiganbayan has affirmed the conviction for graft and malversation of two former officials of the now-defunct National Agribusiness Corporation (NABCOR).
Affirmed was the guilty verdict handed down on the cases of former Administrative and Human Resources Manager Encarnita Cristina Munsod, who was also the vice chairperson of the then bids and awards committee (BAC), and former General Services Unit head Romulo M. Relevo.
Their motions to reconsider the decision handed down last Sept. 2 was denied by the anti-graft court.
The cases against them arose from the misuse in 2008 of the P4.85 million priority development assistance fund (PDAF) of the late Eastern Samar Rep. Teodulo "Doloy" M. Coquillla whose case had been dismissed on account of his death.
In convicting Munsod and Relevo, the anti-graft court said their actions caused the illegal transfer of the PDAF from NABCOR to Gabaymasa Development Foundation, Inc. which submitted falsified acceptance and delivery reports, disbursement reports, project proposals, and other important documents.
In her motion, Munsod argued that she was not a signatory in the disbursement voucher and that there was no evidence proving conspiracy among the accused.
Relevo, on the other hand, cited Munsod’s argument that there was no proof of conspiracy. He also said the the court erred in finding that he acted with evident bad faith, manifest partiality, and gross inexcusable negligence.
"The Court is not persuaded by the respective motions of the accused considering that no substantial arguments were raised and that the issues therein have already been considered by the Court in the assailed Decision," the resolution that denied the motions stated.
The 12-page resolution was penned by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.
The Sept. 2 decision also convicted private individual Margie T. Luz of Gabaymasa. It was not known immediately if Luz filed a motion for reconsideration.
The cases against former NABCOR President Alan A. Javellana, former NABCOR chief accountant Ma. Julie A. Villaralvo-Johnson, and private individual Ma. Cristina Vizcarra of Gabaymasa have been ordered archived pending their arrest.
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