The Sandiganbayan has denied the motion to dismiss the graft and falsification charges filed against former Department of Agriculture (DA) assistant secretary for consumer affairs Kristine Y. Evangelista for alleged irregularity in the Kadiwa Food Hub.
Evangelista has been charged before the anti-graft court with one count of violation of Section 3(e) of Republic Act No. 3019, Anti-Graft and Corrupt Practices Act, and one count of falsification under Article 172 of the Revised Penal Code (RPC).
The charges arose from the alleged irregular procurement of 8,845 bags of onions worth P132,993,420 from Bonena Multi-Purpose Cooperative (BMC) from December 2022 to January 2023 under the DA's Food Mobilization project or the Kadiwa Food Hub.
The prosecution claimed there was a "questionable" advance payment of 50 percent made by FTI, a government owned and controlled corporation, to BMC despite its "doubtful deliveries."
Evangelista challenged the validity of the charges against her as she pointed out that charge for graft do not constitute an offense. She also said that the falsification charge does not conform with the prescribed form.
She told the court that "for the Information to be sufficient, it must so state such means, methods, and forms in a manner that would enable a person of common understanding to know what offense was intended to be charged."
However, the anti-graft court found her arguments "untenable" and denied her motion to quash. "An examination of the assailed Information discloses the essential details that, under the rules and pursuant to jurisprudence, make it sufficient and valid," the court said.
"In sum, the Court finds Evangelista's motion to quash the Informations in these cases unmeritorious," it ruled.
The 16-page resolution dated Aug. 30 was written by Associate Justice Maryann E. Corpus-Manalac with the concurrence of Fifth Division Chairperson Associate Justice Rafael R. Lagos and Associate Justice Kevin Narce B. Vivero.
Other persons charged over the Kadiwa Food Hub "irregularities" were FTI Vice President for Operations John Gabriel Benedict C. Trinidad III, Warehouse Supervisor Benedict P. Libres, Warehouse Staff Marlon S. Pagsisihan, private individual and BMC President Israel C. Reguyal, as well as BMC drivers Jocelyn Jane, Rossul Batdhay, Romy Jimeno, Charlito Ylanan, Francisco V. Lapana III, Arnold Osorio, Angelo Lajom, Randy Santos, Erickson Cortez, Ruben Bautista, Randy Santos, Erickson Cortez, Ruben Bautista, Vince Lorenzo, Windell Glenn A. Canaan, and AJ Bamala.