The Sandiganbayan has deleted the P3 million fines imposed on former Cagayan de Oro City congressman Constantino G. Jaraula and his co-accused as additonal penalty for their graft conviction on the anomalous purchase of liquid fertilizers from 2003 to 2004.
“The prosecution, despite the plentitude of evidence presented, failed to prove the exact amount for which the government sustained injury,” stated the 35-page resolution of the anti-graft court written by Associate Justice Arthur O. Malabaguio and issued on Monday, Nov. 4.
Thus, the court said it "is inclined to modify its previous ruling that all convicted accused are held jointly and severally liable in the amount of Three Million Pesos (P3,000,000).”
Last July, Jaraula and his four co-accused were found guilty of violation of Section 3(e) of Republic Act (RA) 3019, the Anti-Graft and Corrupt Practices Act.
Also convicted were Department of Agriculture (DA) Budget Officer III Ma. Reina Legaspi Lumantas, Accountant III Claudia Beros Artazo and Regional Technical Director Joel Semana Rudinas, and private individual Evelyn de Leon of the Philippine Social Development Foundation, Inc. (PSDFI).
The anti-graft court sentenced them to six to 10 years imprisonment with perpetual disqualification from holding public office; forfeiture of their retirement or gratuity benefits under existing laws; and also held them civilly liable and held jointly and severally liable for the amount of P3 million for the improper implementation of the Farm Inputs and Farm Implements (FIFI) Project in the lone district of Cagayan de Oro City.
On the other hand, the court acquitted all five accused of malversation of public funds under Article 217 of the Revised Penal Code (RPC).
The charges against them involved the unlawful accreditation of PSDFI which resulted in the disbursement of P3 million for the purchase of liquid fertilizers to ghost farmer beneficiaries from December 2003 to July 2004.
They filed motions for reconsideration. In its Nov. 4 resolution, the Sandiganbayan partially granted the motions.
“While all the elements for violation of Section 3(e) of RA No. 3019 were sufficiently proven by the prosecution, there is a dearth in its evidence to prove the amount of actual injury suffered by the government,” said the court.
It explained that those convicted were exonerated in their malversation charges because the prosecution failed to prove the exact amount the government sustained injury, and there has been no proof that the fertilizers were not actually delivered to the local government offices of Cagayan de Oro City.
“This, however, cannot be taken as a presumption that the Court recognizes that all 3,750 bottles of liquid organic fertilizers were delivered or that they were actually priced at Eight Hundred Pesos (P800) each,” the Sandiganbayan stressed.