The Sandiganbayan has convicted four former officials of the now-defunct Technology and Livelihood Resource Center (TLRC) of their graft, malversation, and malversation through falsification charges in the misuse of the P5.4 million Priority Development Assistance Fund (PDAF) of former Davao del Sur 1st District congressman Marc Douglas C. Cagas IV.
Found guilty were former TLRC deputy director general Dennis L. Cunanan, group manager Maria Rosalinda M. Lacsamana, budget officer Lilian R. Espiritu, and chief accountant Marivic V. Jover.
For graft, they were sentenced to six to 10 years imprisonment for each of the cases with perpetual disqualification from holding public office.
In the malversation through falsification of public documents, they were meted out a prison term ranging from two to 10 years imprisonment and ordered to pay a fine of P600,000. They were also held, jointly and severally, to return P600,000 to the Bureau of Treasury.
In the malversation of public funds, they were ordered jailed from 12 to 17 years with a fine of P4.8 million.
The cases against their co-accused, former TLRC director general Antonio Y. Ortiz and private individuals Arnolfo M. Reyes and Aileen F. Carrasco, have been ordered archived pending their arrest or surrender to the court.
Cagas had pleaded guilty to the lesser offenses of Frauds Against Public Treasury, Falsification, and Failure of Accountable Officer to Render Accounts. The penalty imposed on Cagas was not known immediately.
The charges stemmed from the misuse of Cagas' P600,000 and P4,800,000 PDAF which went to Farmerbusiness Development Corporation (FDC), a non-government organization owned by Johanne Edward B. Labay in February 2008.
FDC was chosen in the implementation of development projects for barangays in the 1st District of Davao Sur. However, the prosecution said that the projects turned out to be non-existent.
During trial, the accused harped on good faith as a defense. However, the court said that their act of affixing their signatures in the disbursement vouchers meant they are certifying that such expenses are "necessary, lawful" and incurred under their direct supervision.
"Contrary to their statements suggesting that their acts were ministerial, as signatories to the said disbursement vouchers, they are not precluded from raising questions on the legality or regularity of the transaction involved," the anti-graft court said.
Despite the absence of the Certificate of Good Standing/Reportorial Compliance, Corporate Profile, and the Audited Financial Statements of FDC, the former TLRC officials still allowed FDC to submit Certificates of Service Rendered and Acknowledgment Receipts without inquiring about the veracity of the documents, the court said.
"While the Court views that the accused's failure to inquire further before affixing their signature despite apparent inconsistencies in the face of the disbursement vouchers and their supporting documents as negligence on their part, to additionally fix their signatures despite lack of supporting documents only shows gross and inexcusable disregard of the consequences of their acts as approving authorities," the court ruled.
The 106-page decision dated Oct. 6, 2023 was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.