The Sandiganbayan has acquitted former La Union 2nd District Rep. Thomas Carlos de Lara Dumpit Jr. and seven others of their criminal charges involving the reported misuse of his P45 Priority Development Assistance Fund (PDAF) from 2007 to 2009.
Also acquitted were former National Livelihood Development Corporation (NLDC) president Gondelina G. Amata; NLDC officials Ofelia E. Ordonez, Gregoria G. Buenaventura, and Sofia D. Cruz; private individuals Flerida A. Alberto and Lilibeth B. Aloot-Macazo; and Kabuhayan at Kalusugang Alay sa Masa Foundation Inc (KKAMFI) chief finance officer Godofredo B. Roque.
The cases against former NLDC officer Evelyn B. Sucgang and accounts servicing and asset management group director Emmanuel Alexis G. Several were dismissed by reason of their death.
On the other hand, the cases against Dumpit's political affairs assistant Elsie D. Walican, KKAMFI chief finance officer Marilou L. Antonio, KKAMFI trustee Rodrigo Doria, KKAMFI supply officer Maria Paz B. Vega, KKAMFI staff Neriza V. Gator, and private individuals Joel L. Soriano, George Roque, Emilio Estaloza, Cresencio Palway and Carmelita C. Barredo have been archived pending their arrest or surrender.
All the accused were charged with nine counts of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act; three counts of malversation of public funds, and six counts of malversation of public funds through falsification of public documents.
The prosecution alleged that Dumpit endorsed KKAMFI, a non-government organization, as a "project partner" in implementing livelihood projects for residents in 18 barangays in Tubao, La Union in 2009. His PDAF was reportedly used to fund the projects even without public bidding, and payments were processed to KKAMFI despite it being unqualified to handle the projects, it said.
But the Sandiganbayan said there was no evidence presented by the prosecution to sufficiently prove that Dumpit had any participation in the crimes charged.
"This is because apart from the documents proffered as evidence containing the forged signatures of accused Dumpit Jr., the prosecution had no other means of showing the supposed 'indispensable participation' of accused Dumpit in the release and transfer of the PDAF funds," the court said.
Even if Dumpit indeed requested for the release of his PDAF to KKAMFI, the court said it was not enough for it to be considered as manifest partiality, evident bad faith, or even gross inexcusable negligence.
At the same time, the court said that evidence was lacking to prove that Dumpit benefitted from the said PDAF transactions.
"It must be stressed that the funds were released by the Department of Budget and Management (DBM) directly to NLDC which subsequently disbursed the funds for the implementation of the projects to KKAMFI. Nowhere in the release of these funds does it show that accused Dumpit was involved in these transactions," it said.
"All told, for failure of the prosecution to prove beyond reasonable doubt the allegations in the Informations, the Honorable Court is duty-bound to acquit the accused," it stressed.
Associate Justice Geraldine Faith A. Econg wrote the 227-page decision dated July 3, 2023 with the concurrence of First Division Chairperson Efren N. De La Cruz and Associate Justice Arthur O. Malabaguio.