The Sandiganbayan has convicted several former public officials and private individuals involved in the misuse of the P65 million priority development assistance fund (PDAF) of then Misamis Occidental congresswoman Marina P. Clarete.
In its 195-page decision, the anti-graft court summarized its ruling as follows:
In SB-17-CRM-1510, former National Agribusiness Corporation (NABCOR) Director for Financial Services Rhodora B. Mendoza and Human Resources and Administrative Manager Encarnita Cristina P. Munsod were found guilty of graft and sentenced to six to 10 years imprisonment. They were also slapped with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1511, Mendoza and Munsod were also found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1512, Mendoza and former NABCOR Head of General Services Unit Romulo M. Relevo were found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1513, Mendoza and Relevo were once again found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1514, Mendoza and Munsod were found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1515, Mendoza and Munsod were once again found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1516 to 18, the anti-graft court acquitted former National Livelihood Development Corporation (NLDC) President Gondelina G. Amata, Accounts Servicing and Asset Management Group Director Emmanuel Alexis G. Sevidal, Division Chief III Gregoria G. Buenaventura, Chief Budget Specialist Ofelia E. Ordoñez, Chief Financial Analyst Sofia D. Cruz, and former Kabuhayan at Kalusugang Alay sa Masa Foundation Inc. (KKAMFI) official Flerida A. Alberto of their graft charges due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
In SB-17-CRM-1519, former Technology and Livelihood Resource Center (TLRC) Deputy Director General Dennis L. Cunanan, Group Manager Maria Rosalinda M. Lacsamana, Budget Officer IV Consuelo Lilian R. Espiritu, and Aaron Foundation Philippines Inc. (AFPI) official Pio Ronquillo were found guilty of graft and sentenced to six to 10 years imprisonment. They were slapped with the penalty of perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law. Group Manager for Corporate Support Services Francisco B. Figura acquitted of the same charge.
In SB-17-CRM-1520, Lacsamana, Marivic V. Jover, Espiritu, and Ronquillo were found guilty of graft and sentenced to six to 10 years imprisonment with the penalty of perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law. Figura was once again acquitted.
In SB-17-CRM-1521, the court acquitted Amata, Sevidal, NDLC Director Chita C. Jalandoni, Asset Management Division Chief Gregoria G. Buenaventura, Budget Officer IV Filipina T. Rodriguez, KKAMFI President Flerida A. Alberto, and Chief Executive Officer Godofredo G. Roque of their graft charge.
In SB-17-CRM-1522 to 25, Amata, Sevidal, Jalandoni, Buenaventura, Ordonez, Cruz, Alberto were found guilty of graft and sentenced to six to 10 years imprisonment with the penalty of perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1526 and 27, Mendoza, NABCOR Paralegal Victor Roman C. Cacal, NABCOR Bookkeeper Maria Ninez P. Guanizo, and Alberto were found guilty of graft and sentenced to six to 10 years imprisonment with the penalty of perpetual disqualification from holding public office and loss of all retirement or gratuity benefits under the law.
In SB-17-CRM-1528, Mendoza and Munsod were found guilty of malversation through falsification and were sentenced to two years, four months and one day of prision correccional as minimum and six years and one day of prision mayor as maximum. They were each ordered to pay a fine of P436,500 and reimburse the government through the Bureau of Treasury the amount of P436,500.
In SB-17-CRM-1529, Mendoza and Relevo were found guilty of malversation through falsification and were sentenced to two years, four months and one day of prision correccional as minimum and six years and one day of prision mayor as maximum. They were each ordered to pay a fine P1,164,000 and reimburse the BOT the amount of P1,164,000.
In SB-17-CRM-1530, Mendoza and Munsod were found guilty of malversation through falsification and were sentenced to six years and one day of prision mayor as minimum to 10 years and one day of relclusion temporal as maximum. They were ordered to pay a fine of P1,261,000 and ordered to reimburse the BOT the amount of P1,261,000.
In SB-17-CRM-1531, Mendoza, Cacal, Guanizo, Alberto were found guilty of malversation through falsification and sentenced to 10 years and one day of prision mayor as minimum to 17 years and four months and one day of reclusion temporal as maximum. Each of them was ordered to pay a fine of P6,596,000 and reimburse jointly and severally the BOT with P6,596,000.
In SB-17-CRM-1532 to 34, Amata, Sevidal, Buenaventura, Ordonez, and Alberto were acquitted of their malversation through falsification charge due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
In SB-17-CRM-1535, Amata, Sevidal, Jalandoni, Buenaventura, Ordonez, Cruz, and Alberto were found guilty of malversation through falsification and sentenced to 10 years and one day of prision mayor as minimum to seventeen years, four months, and one day of reclusion temporal. They were each ordered to pay a fine of P4,750,000 and to reimburse the BOT with P4,750,000.
In SB-17-CRM-1536, Amata, Sevidal, Jalandoni, Buenaventura, Ordonez, Cruz, and Alberto were found guilty of malversation through falsification and sentenced to two years, four months and one day of prision correccional as minimum to six years and one day of prision mayor as maximum. They were each fined with P950,000 and ordered to reimburse the BOT with P950,000.
In SB-17-CRM-1537, Amata, Sevidal, Jalandoni, Buenaventura, Ordonez, and Alberto were found guilty of malversation through falsification and sentenced to two years, four months and one day of prision correccional as minimum to six years and one day of prision mayor as maximum. They were fined with P950,000 and ordered to reimburse the BOT with the amount of P950,000.
In SB-17-CRM-1538, Lacsamana, Jover, Espiritu, and Ronquillo were found guilty of malversation through falsification and sentenced to two years, four months and one day of prision correccional as minimum to six years and one day of prision mayor as maximum. They were each fined with P600,000 and ordered to reimburse the BOT, jointly and severally, the amount of P600,000. Meanwhile, Figura was acquitted
In SB-17-CRM-1539, Mendoza and Munsod were found guilty of malversation and sentenced to 10 years and one day of prision mayor as minimum to 14 years, eight months and one day of reclusion temporal. They were fined with P3,928,500 and ordered to reimburse the BOT with P3,928,500.
In SB-17-CRM-1540, Mendoza and Relevo were found guilty of malversation and sentenced to 14 years, eight months and one day of reclusion temporal as minimum to 17 years, four months and one day of reclusion temporal as maximum. They were slapped with a fine of P10,476,000 and ordered to reimburse the BOT with P10,476,000.
In SB-17-CRM-1541, Mendoza and Munsod were found guilty of malversation and slapped with 14 years, eight months and one day of reclusion temporal as minimum to 17 years, four months and one day of reclusion temporal as maximum. They were each fined with P11,349,000 and ordered to reimburse the BOT with P11,349,000.
In SB-17-CRM-1542, the court acquitted Amata, Sevidal, Buenaventura, Cruz, and Alberto of malversation.
In SB-17-CRM-1543, Cunanan, Lacsamana, Espiritu, and Ronquillo were found guilty of malversation and sentenced to 10 years and one day of prision mayor as minimum to 17 years and four months and one day of reclusion temporal as maximum. They were slapped with a fine of P4,800,000 and ordered to reimburse the BOT with P4,800,000.
In SB-17-CRM-1544, Mendoza, Cacal, Guanizo, and Alberto were found guilty of malversation and slapped with two years, four months and one day of prision correccional as minimum to six years and one day of prision mayor as maximum. They were each fined with P1,164,000 and ordered to reimburse the BOT with P1,164,000.
In SB-17-CRM-1545, Amata, Sevidal, Jalandoni, Buenaventura, Ordonez, Cruz, and Alberto were found guilty of malversation and sentenced to 10 years and one day of prision mayor as minimum to 14 years eight months and one day of reclusion temporal as maximum. They were each ordered to pay a fine of P2,565,000 and reimburse the BOT with P2,565,000.
The case against former Department of Agriculture secretary and National Food Authority (NFA) administrator Arthur Cua Yap had already been dismissed.
Meanwhile, the court has not acquired jurisdiction over former Congresswoman Clarete, NABCOR President Alan A. Javellana, Marilou L. Antonio, Chief Accountant Ma. Julie Asor Villaralvo-Johnson, KKAMFI official Marilou C. Ferrer, NLDC official Evelyn B. Sucgang, Supply Officer Maria Paz B. Vega, KKAMFI trustee Rodrigo V. Doria, TLRC Director General Antonio Y. Ortiz, and KKAMFI staff Ma. Nerizan Gador. The cases against them have been ordered archived.
"There can be no question that accused Munsod, Mendoza, Relevo, Sevidal, Ordonez, Cruz, Amata, Alberto, Buenaventura, Lacsamana, Espiritu, Ronquillo, Cunanan, Jover, Jalandoni, Cacal, and Guanizo, through their respective actions, although some appear to be innocent acts, summed up to collective efforts to achieve their common objective, which is to embezzle the government," the court ruled.
"In sum, a conspiracy among the above-mentioned accused has been proved beyond reasonable doubt by the prosecution," it added.
The was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.