The Sandiganbayan has acquitted former Agusan del Sur congressman Rodolfo G. Plaza and several others of multiple criminal charges involving the alleged irregular implementation of agricultural projects from 2004 to 2010 out of the former legislator's Priority Development Assistance Fund (PDAF).
In Criminal Case SB-15-CRM-0025 to 26, acquitted aside from Plaza were his former chief of staff Jasper F. Kapunan; Department of Budget and Management (DBM) officers Mario L. Relampagos, Rosario S. Nunez, Lalaine N. Paule, and Marilou D. Bare; National Agribusiness Corporation (NABCOR) officials Rhodora B. Mendoza, Victor Roman C. Cacal, Maria Ninez P. Guanizo; and private individuals Janet Lim Napoles and Nitz Cabilao.
In SB-15-CRM-0027 to 28, Plaza was acquitted of another two counts of graft together with Kapunan, Relampagos, Nunez, Paule, Bare; former National Livelihood Development Corporation (NLDC) official Gondelina G. Amata, Gregoria A. Buenaventura, Chita Chua Jalandoni, Sofia D. Cruz, and Ofelia Lento Ordonez; Napoles, and Cabilao.
In SB-15-CRM-0029, Plaza was acquitted of another graft charge together with Kapunan, Relampagos, Nunez, Paule, Bare, Amata, Buenaventura, Jalandoni, Cruz, Ordonez, Napoles, Cabilao, and private individual Filipina T. Rodriguez.
In SB-15-CRM-0030 to 31, found not guilty of two counts of Article 217 of the Revised Penal Code or Malversation of Public Funds were Plaza, Kapunan, Relampagos, Nunez, Paule, Bare, Mendoza, Canal, Guanizo, Napoles, and Cabilao.
In SB-15-CRM-0032 to 33, Plaza, Kapunan, Relampagos, Nunez, Paule, Bare, Amata, Buenaventura, Jalandoni, Cruz, Ordonez, Napoles, and Cabilao were found not guilty of another two counts of Malversation of Public Funds.
In SB-15-CRM-0034, Plaza, Kapunan, Relampagos, Nunez, Paule, Bare, Amata, Buenaventura, Jalandoni, Cruz, Ordonez, Rodriguez, Napoles, and Cabilao were found not guilty of Malversation of Public Funds.
Lastly, in SB-15-CRM-0035 to 36, Plaza was found not guilty of two counts of Article 210 of the Revised Penal Code or Direct Bribery.
The cases against their other co-accused, former NLDC official Emmanuel Alexis C. Sevidal, private individual Eulogio D. Rodriguez, and former NABCOR official Romulo M. Relevo have been dismissed on account of their deaths pursuant to Article 89 of the RPC.
On the other hand, the cases against NABCOR officials Alan A. Javellana and Ma. Julie Asor Villaralvo-Johnson, as well as private individual John Raymund S. de Asis have been ordered archived since they remain at large.
Plaza endorsed the implementation of agricultural, livelihood, and training projects to non-governmental organizations (NGOs) that were associated with Napoles -- Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) and Social Development Program for Farmer's Foundation Inc. (SDPFFFI).
From 2004 to 2010, the aggregate cost of the projects amounted to P27.5 million. Plaza sent letters to the DBM requesting the release of his PDAF allocations and identified both NABCOR and NLDC as implementing agencies of the projects.
Plaza and the others were accused of accepting kickbacks from Napoles and the other private individuals as the agricultural projects turned out to be fake.
However, the anti-graft court found the evidence against them lacking and said that the prosecution "miserably failed" to discharge its burden of proving their guilt beyond reasonable doubt.
"As can be gleaned from the records, there is no casual link connecting the separate acts of said accused in relation to the selection of the NGO, release of SAROs, issuance of disbursement vouchers, disbursement of checks and implementation of the livelihood projects," the decision said.
"There is no proof that their overt acts were attended with ill-will and malevolence and were committed in compliance with a common design. The evidence on record likewise negates the accusation that they, particularly the said indicted public officers, misappropriated the subject PDAF allocations. Neither is there proof that they received any kickback or money in connection with the subject SAROs," it added.
The 234-page decision was written by Presiding Justice Geraldine Faith A. Econg with the concurrence of Associate Justices Edgardo M. Cardona and Arthur O. Malabaguio.