Sandigan convicts ex-Rep Ruffy Biazon, now Muntinlupa City mayor, 4 others of graft
The Sandiganbayan has convicted re-elected Muntinlupa City Mayor Rozzano Rufino "Ruffy" Biazon, businesswoman Janet Lim Napoles, and three others of graft due to the misuse of the former's P2.7 million Priority Development Assistance Fund (PDAF) when he was a legislator in 2007.
Biazon and Napoles were found guilty of violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, together with former Technology Resource Center (TRC) deputy director general Dennis L. Cunanan, Group Manager Maria Rosalinda M. Lacsamana, and private individual Evelyn D. De Leon.
They were sentenced to a prison term ranging from six to eight years with perpetual disqualification from holding public office. De Leon and Napoles were also ordered to indemnify the government and return to the national treasury, jointly and severally, P2,700,000, representing the total amount wrongfully and illegally disbursed.
Those convicted can still file a motion for reconsideration and if denied they can elevate their cases to the Supreme Court (SC) on appeal.
The anti-graft court acquitted their co-accused former Department of Budget and Management (DBM) undersecretary Mario L. Relampagos, group manager for Corporate Support Services Francisco B. Figura, internal auditor Maurine E. Dimaranan, budget officer Consuelo Lilian R. Espiritu
Biazon and Napoles were acquitted of violation of Article 217 of the Revised Penal Code or Malversation of Public Funds together with Relampagos, Cunanan, Lacsamana, Figura, chief accountant Marivic V. Jover, Dimaranan, Espiritu, and De Leon.
On the other hand, the case against their co-accused, Antonio Y. Ortiz, has been ordered archived pending his arrest.
The cases stemmed from the misuse of Biazon's PDAF, which went to the bogus non-government organization (NGO) called the Philippine Social Development Foundation (PSDFI) owned by Napoles.
The anti-graft court said that Biazon's endorsement of PSDFI as lead agency in the implementation of his PDAF is not supported by law. While Biazon claimed that his endorsement letter was just that -- a mere recommendation -- the court disagreed and said that "it came in as a directive, or more of an authority, instructing the implementing agency to do."
"Clearly, Biazon's endorsement letter cannot be considered as a mere recommendation, but an indispensable instruction to TRC on how to utilize his PDAF allocation. For this reason, accused Biazon should have been more circumspect about identifying PSDFI as the NGO he was endorsing," the court said.
"Granted that TRC was likewise obliged to check on PSDFI's credentials, Biazon's concomitant failure to vet PSDFI which he chose to implement his PDAF project made it possible for a patently unqualified NGO like PSDFI to get hold of his PDAF funds," it added.
The 191-page decision dated May 30 was written by Associate Justice Zaldy V. Trespeses with the concurrence of Special Seventh Division Chairperson and Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justice Georgina D. Hidalgo.