Former Leyte Third District Rep. Eduardo K. Veloso and former Technology Resource Center (TRC) Group Manager Ma. Rosalinda M. Lacsamana were found guilty of two counts each of graft and malversation in the misuse of the former legislator’s P24.2 million in Priority Development Assistance Fund (PDAF) in 2007.
In a decision promulgated by the Sandiganbayan on Monday, Jan. 9, Veloso and Lacsamana were sentenced to a prison term ranging from six years and one month to 10 years for each count of graft.
For malversation, they were meted out jail terms ranging from 12 years and one day to 18 years, eight months and one day for each count.
They were also ordered to pay a fine of P24 million, the amount representing the malversed public funds, and were disqualified perpetually from holding public office.
Acquitted of both graft and malversation charges were former TRC (then Technology and Livelihood Resource Center) officials, namely: Deputy Director General Dennis L. Cunanan, Chief Accountant Marivic V. Jover, and Group Manager Francisco B. Figura. The TRC is formerly known as the Technology and Livelihood Resource Center (TLRC).
The decision was written by First Division Chairperson Efren N. De La Cruz, with the concurrence of Associate Justices Geraldine Faith A. Econg and Arthur O. Malabaguio.
Veloso and Lacsama were found guilty beyond reasonable doubt of violations of Section 3 (e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code (RPC).
The anti-graft court said that while Cunanan, Figura, and Jover were also acquitted from graft charges, the tribunal said “civil liability may likewise be assessed against accused Cunanan, Figura and Jover.”
“Hence, by way of civil liability, accused Veloso, Lacsamana, Cunanan, Figura and Jover are hereby ordered to indemnify the government and return to the Treasury, jointly and severally, the sum of Twenty-Four Million Two Hundred Thousand Pesos (P24,200,000) which represents the amount wrongfully and illegally disbursed,” the court said.
The case arose from the release in 2007 of P14.4 million and P9.8 million from Veloso’s PDAF to the non-government organization (NGO) Aaron Foundation Philippines, Inc. (AARON) of Alfredo Ronquillo.
The court said the NGO was chosen without undergoing the required public bidding to implement various livelihood programs and projects that were also found non-existent.
The Sandiganbayan said:
“In the present cases, the prosecution has sufficiently established that the PDAF funds released to AARON, amounting to P14,400,000 and P9.800,000, respectively, for the supposed implementation of livelihood projects in the 3rd District of Leyte remain unliquidated. It was through the accused’s actions, collectively or individually performed, that the PDAF funds were released to said NGO.
“Nary a single testimony or document was offered to show that the subject PDAF funds were utilized for the public purpose that they have been allocated for, indicative of the undue injury cause to the government to the tune of P24,200,000 in lost or unaccounted for public funds.
“Likewise, the prosecution was able to prove that the accused gave private individual Alfredo Ronquillo and/or AARON unwarranted benefits and advantage when it was selected to be the NGO-partner of TLRC in implementing the PDAF-funded livelihood projects.”
On the acquittal of Cunanan, Figura and Jover, the Sandiganbayan said:
“Here, aside from the act of signing the pertinent documents related to the disbursement of the PDAF, the prosecution did not adduce additional evidence which will prove that accused Cunanan, Figura and Jover conspired with the other accused in carrying out the evil scheme of allocating PDAF to ghost projects.
“On the contrary, these accused were able to show that they merely acted in the performance of duties, as supported by TLRC office circulars which specifically delineated the accused’s respective roles in the implementation of PDAF-funded projects.
“Moreover, accused Cunanan and Figura offered documentary evidence which showed that they raised with Ortiz (former TLRC Director General Antonio Y. Ortiz) their reservations on the TLRC policies pertaining to the implementation of the PDAF,”
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