Sandigan upholds conviction of ‘pork’ scam execs

MANILA, Philippines — The Sandiganbayan has upheld the conviction of officials of three abolished state firms in connection with the pork barrel scam.

In a 19-page resolution promulgated on Nov. 6, the anti-graft court’s Third Division said former officials of the abolished state firms National Agribusiness Corp. (NABCOR), National Livelihood Development Corporation (NLDC) and Technology Resource Center (TRC) failed to raise any new meritorious argument in their respective motions for reconsideration (MRs) that would warrant the reversal of its June 28, 2024 decision finding them guilty of graft and malversation of public funds.

“After due consideration of the arguments raised by the accused-movants and the prosecution, as well as the assiduous review of the records, the Court finds no compelling reason to reverse their respective convictions,” the Third Division’s resolution read.

“The Court finds that the grounds relied upon by the accused-movants were fully threshed out by the Court in the assailed Decision,” it added.

Specifically denied were the MRs of NABCOR Human Resource supervisor Encarnita Munsod, NLDC president Gondelina Amata, NLDC Asset Management Division chief Gregoria Buenaventura and former TRC deputy director general Dennis Cunanan.

Also denied was the MR of private respondent Flerida Alberto, president of non-government organization (NGO) Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. (KKAMFI).

The Third Division had earlier found Munsod guilty of four counts of graft and two counts each of malversation and malversation through falsification, while Amata and Buenaventura were convicted of four counts each of graft and three counts each of malversation through falsification.

Cunanan was earlier convicted of one count each of graft and malversation while Alberto was convicted of six counts of graft and three counts each of malversation and malversation through falsification.

For the graft cases, they were sentenced to six up to ten years of imprisonment for each count, with the accessory penalties of perpetual disqualification from holding public office and forfeiture of all retirement and gratuity benefits.

For the malversation and malversation through falsification cases, meanwhile, they were sentenced to varying years of imprisonment for each count, ranging from two up to six years, six to 10 years and 10 to 17 years in some cases.

They were also ordered to jointly pay the government a total of P62.63 million, equivalent to the amount of public funds found to have been malversed.

The Third Division, meanwhile, ordered the cases against the primary accused, former Misamis Occidental First District Rep. Marina Clarete, to be temporarily archived as she remains at-large. The Third Division said this is without prejudice to the cases’ revival upon her arrest or voluntary surrender.

Filed by the Office of the Ombudsman in 2017, the cases stemmed from the alleged misuse of P62.63 million in Priority Development Assistance Fund (PDAF) or pork barrel of Clarete from 2007 to 2009.

The ombudsman said Clarete “unilaterally chose and endorsed” questionable NGOs to implement her seven PDAF-funded livelihood projects without the benefit of a public bidding required under Republic Act 9184 of the Government Procurement Reform Act.

The ombudsman said the NGOs were “unaccredited and unqualified” to carry out the projects.

Furthermore, the ombudsman said field investigation revealed that none of the projects were ever implemented as the supposed beneficiaries denied receiving any livelihood kits or attending any of the supposed livelihood seminars.

The ombudsman said the officials of NABCOR, NLDC and TRC processed and released the payments to the NGOs without carefully verifying their qualifications and the supporting documents that they submitted.

In its new resolution, the Third Division maintained that the prosecution panel of the ombudsman was able to establish with “moral certainty” that each of the convicted officials had participated in the commission of the charged crimes.

“Wherefore, in light of all of the foregoing, the Motions for Reconsideration... are denied for lack of merit,” the Third Division said.