The Sandiganbayan has affirmed the conviction of former Bukidnon 1st District Rep. Candido P. Pancrudo Jr. and private individual Johanne Edward Labay in the misuse of the former legislator’s P36.9 million Priority Development Assistance Fund (PDAF) in 2007 and 2008.
In a resolution issued on July 10, 2023, the anti-graft court denied the motions for reconsideration filed by Pancrudo on April 28 and Labay on April 29.
They would have wanted the court to reverse the April 14, 2023 decision that found them guilty of eight counts of graft, four counts of malversation of public funds, and four counts of malversation through falsification of public documents.
Pancrudo and Labay were sentenced to a prison term ranging from six to 10 years for each count of graft, banned perpetually from holding public office, and ordered to pay P36.9 million as civil liability.
In the four counts of malversation of public funds, they were imposed a total prison term ranging from 48 to 70 years with a fine of P32.8 million each.
In the malversation of public funds through falsification of public documents, they were sentenced to jail terms ranging from six to 13 years for each count and ordered to pay a fine of P4.1 million each.
In their motions for reconsideration, Pancrudo and Labay told the court that the prosecution failed to prove their guilty beyond reasonable doubt.
But the Sandiganbayan denied their pleas. It said it found no valid reason to reconsider or modify its decision. "The arguments raised by the accused have already been considered and passed upon by the court when it rendered the aforementioned decision," it ruled.
The criminal cases against Pancrudo and Labay arose from the release of the former’s PDAF to non-government organization (NGO) FarmerBusiness Development Corporation (FDC) for the implementation of livelihood projects in Pancrudo's district.
However, the prosecutors said that there were several anomalies, such as the failure to conduct public bidding, and that FDC was not an accredited foundation and had no legal authority to implement the livelihood projects.
Second Division Chairperson Oscar C. Herrera Jr. wrote the eight-page resolution with the concurrence of Associate Justices Arthur O. Malabaguio, Rafael R. Lagos, and Lorifel L. Pahimna. Associate Justice Michael Frederick L. Musngi dissented.