The Sandiganbayan has denied the motion of former Technology and Livelihood Resource Center (TLRC) deputy director general Dennis L. Cunanan to reconsider his convictions for graft and malversation of public funds.
For graft, Cunanan was sentenced to a prison term ranging from six to 10 years. He was meted out a jail term ranging from 12 to 18 years for malversation and was ordered to indemnity the government of P9.6 million.
Cunanan was one of five individuals found guilty for the misuse of the P9.6 milion Priority Development Assistance Fund (PDAF) of the late Negros Oriental 3rd District Rep. Herminio G. Teves in 2007.
The charges against Teves had been dismissed on account of his death in 2019. Former TLRC department manager Francisco B. Figura was acquitted. The cases against former TLRC director general Antonio Y. Ortiz have been archived pending his arrest or surrender.
Aside from Cunanan, also convicted were former TLRC officer-in-charge of the Legislative Liaison Office Belina A. Concepcion, chief accountant Marivic V. Jover, Teves' chief of staff Hiram Diday R. Pulido, and private individual Samuel S. Bombeo.
In his motion for reconsideration, Cunanan argued that the crimes of graft and malversation were not proven beyond reasonable doubt. He said that his act of affixing his signature on the disbursement voucher does not consummate the crime charged, since there are other steps that must be taken before the release of the PDAF-drawn funds.
He further argued that he was not part of any conspiracy, and there is no showing that he is a public officer as defined under Article 217 of the Revised Penal Code.
In denying his motion, the Sandiganbayan said: "The aforementioned grounds relied upon by accused Cunanan are not novel. The lengthy discussions on the said motions are essentially the same points raised during the trial which have been thoroughly and assiduously passed upon by the Court in the assailed decision.”
"Taken in such light, accused Cunanan is still liable under an allegation and finding of conspiracy even if we assume that his functions as Deputy Director General of TRC did not relate to custody or control over the subject funds," the anti-graft court said.
The 11-page resolution was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.
The charges arose from the unwarranted benefits given to Molugan Incorporated (MFI) and its president Bombeo in the use of Teves' P9.6 million PDAF. Teves reportedly chose and endorsed MFI as project partner in the implementation of livelihood projects for his constituents, with MFI receiving P9.6 million while TLRC got P400,000 as service fee.
However, state prosecutors said that the endorsement of MFI disregarded the appropriation law and its implementing rules. Those convicted also failed to comply with the provisions of Republic Act No. 9184, the Government Procurement Reform Act, and its implementing rules and regulations.