Sandiganbayan affirms graft conviction of ex-TRC exec Cunanan, others in P107-M PDAF scam
The Sandiganbayan has affirmed the graft conviction of former Technology Resource Center (TRC) deputy director general Dennis L. Cunanan, National Livelihood Development Corporation (NLDC) President Gondelina G. Amata and division chief Gregoria G. Buenaventura.
Also affirmed were the penalties imposed on them in the decision issued on Oct. 24, 2025. They were all sentenced to imprisonment ranging from six to eight years for each count of graft and disqualified perpetually from holding public office.
The resolution issued last Jan. 7 denied their motions for reconsideration.
They were convicted in the misuse of the P107 million priority development assistance fund (PDAF) of former congresswomen Rizalina Seachon Lanete.
In his motion for reconsideration, Cunanan told the anti-graft court that his constitutional rights to due process and equal protection had been violated, and he was held liable as a co-conspirator when there was no act attributed to him aside from signing disbursement vouchers.
Amata, on the other hand, argued that the NLDC was merely a custodial of the PDAF subject of the case, and there was no competent evidence showing manifest partiality on her part as well as acts of conspiracy between her and her co-accused.
Buenaventura said she was never required by her immediate superior to determine the authenticity or veracity of the documents submitted by the Social Development Program for Farmers Foundation, Inc. (SDPFFI), as it was not within her responsibilities.
In the case of Cunanan, the Sandiganbayan said that he has given up his remedies to assail the court's decision due to his non-appearance.
It noted that Cunanan's failure to appear during the promulgation despite notice as well his failure to subsequently surrender leads to the conclusion that he jumped bail, has gone into hiding, and is now a fugitive from justice.
The anti-graft court said that Amata did not adhere to the mandatory procedural safeguards that would have properly reviewed SDPFFI's qualifications. Thus, it said that undue favor and advantage was given to the non-government organization.
It also said that the guilt of Buenaventura was proven based on the finding that her actions, tainted by bad faith, facilitated the corruption of public funds through businesswoman Janet Lim Napoles' PDAF scheme.
It added that the receipt of “rebates” or kickbacks by Cunanan, Buenaventura, and Amata uncovered the motive behind everything that they did or did not do, and “the series of so-called 'official' efforts reveals the intent and purposefulness to cooperate in the defrauding of the government to the benefit of the accused and their private co-conspirators."
"The Court cannot ignore such clear evidence of incentive and motivation for these three accused to be dishonest and unfaithful in the fulfillment of their responsibilities as public officers," the court pointed out.
The 17-page resolution was written by Associate Justice Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel Lacap Pahimna and J. Ermin Ernest Louie R. Miguel.