The Sandiganbayan has acquitted former La Union 2nd District Rep. Thomas De Lara Dumpit Jr. and eight persons of their eight criminal charges involving the alleged misuse of the former legislator’s P5.85 million priority development assistance fund (PDAF) in 2008.
Also acquitted were former Technology Resource Center (TRC) deputy director general Dennis L. Cunanan, former group managers Francisco B. Figura and Ma. Rosalinda M. Lacsamana, Budget Officer IV Consuelo Lilian R. Espiritu, and Chief Accountant Marivic V. Jover were acquitted of all eight charges -- four graft, two malversation, and two malversation through falsification.
Also cleared were former Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. (KKAMFI) officer Flerida A. Alberto and Aaron Foundation Philippines, Inc. (AFPI) officers Pio Ablaza Ronquillo and Fe M. Magtira of two graft, one malversation, and one malversation through falsification charges.
Dumpit was accused of selecting the non-government organization (NGO) KKAMFI as a "project partner" in implementing livelihood development projects involving the procurement of Livelihood Technology Kits for farmers in his district. However, he did so without undergoing public bidding. KKAMFI was also discovered to be unqualified to undertake the projects.
In 2008, different amounts were disbursed to the NGO – first, P400,000 and later P50,000.
Also in 2008, Dumpit also endorsed AFPI for the conduct of livelihood trainings and seminars for farmers in his district. The amounts P4,800,000 and P600,000 were released that year for the NGO, even though the said livelihood projects were non-existent.
The payment for the professional fees of speakers and lecturers as well for the venue that was intended for the trainings were signed and received, even though the seminars were never held in the first place.
But in its decision, the anti-graft court said that Dumpit and his co-accused could not be pinned down for manifest partiality or evident bad faith because the prosecution was unable to prove that their actions were "positively motivated by some furtive design or with some motive or self-interest or ill will or for ulterior purpose."
The court pointed out that the evidence was "bereft of any proof that accused Dumpit received money as a result of the PDAF transactions, or from any of the NGOs mentioned." There was also no evidence that would prove that Dumpit's co-accused took public funds and appropriated it for their own benefit, it said.
"This Court has repeatedly adhered to the policy that when the guilt of the accused is not proven beyond reasonable doubt, the presumption of innocence must be favored, and exoneration must be granted as a matter of right," it also said.
Associate Justice Geraldine Faith A. Econg wrote the 179-page decision dated Nov. 28, 2023 with the concurrence of First Division Chairperson Efren N. De La Cruz and Associate Justice Juliet M. Manalo-San Gaspar.
Meanwhile, the cases against the other accused who have remained at large -- former TRC Director General Antonio Y. Ortiz, KKAMFI officials Marilou Antonio, Marilou Ferrer, Rodrigo Doria, and Miraflor Villanueva, as well as Carmelita C. Barredo of CC Barreto Publishing House, AFPI officials Bernadette Cabrera, Aurora Trinidad, Isabel Borja, Roderick Estacio, Analyn Bonifacio, Maricel Jacob, Reynaldo Guevarra, Luisita Sese, Al Ablaza, and Alejandro Orpilla – have been archived pending their arrest or surrender.