Sandiganbayan rejects PDAF suspect’s plea
For the nth time, the Sandiganbayan rejected an appeal of a former director general of the now-defunct Technology and Livelihood Resource Center, or TLRC, to reverse his graft and malversation conviction for his involvement in the P9.6 million PDAF of late Negros Oriental lawmaker Herminio Teves in 2007.
In a resolution, the anti-graft court Third Division said there is “no cogent reason” to disturb its findings in September last year, which was being challenged by Dennis Cunanan’s motion for reconsideration.
Cunanan sought the reversal of the Sandiganbayan’s September ruling, in which he was found guilty of one count each of graft and malversation alongside ex-TLRC chief accountant Marivic Jover, ex-TLRC legislative liaison office officer-in-charge Belina Concepcion, and Teves’ then-chief-staff Hiram Pulido and Molugan Foundation Inc. president Samuel Bombeo.
They were sentenced to up to 28 years in prison, perpetual disqualification from holding public office, and were ordered to indemnify the government P9.6 million with 6 percent legal interest per annum.
Meanwhile, their co-accused, TLRC’s erstwhile department manager, Francisco Figura, was acquitted of the exact charges, while the cases against principal accused Teves were dismissed owing to his passing.
Teves with the three TLRC officers were accused of causing undue injury to the government by giving unwarranted benefits and advantages to the Molugan Foundation Inc., a non-governmental organization controlled by Bombeo, to implement livelihood projects drawn from the lawmaker’s P10-million pork barrel.
Out of the sum, P9.6 million went to the MFI, while P400,000 went to TLRC as a service fee.
However, the investigation revealed that the PDAF, supposedly intended for the depressed barangays in Teves’ district, was instead used to fund projects that turned out to be ghost or nonexistent.
The Ombudsman said Teves “unilaterally chose” MFI as the implementor of his project notwithstanding the foundation’s ineligibility to undertake such, with Cunanan, Concepcion, and Jover having a hand in the release of the funds.
Cunanan denies involvement
In his appeal, Cunanan maintained he was not part of any conspiracy, asserting that his signature in one disbursement voucher did not show his co-conspirator participation and thus could not consummate the crime charged.
The Sandiganbayan, however, countered that Cunanan, as the director general, had the concomitant duty to determine whether the expenses were necessary and lawful, yet he failed to do so.
Like Cunanan, Jover, and Concepcion, with private defendant Bombeo, sought to overturn the September decision but were all turned down for lack of merit.
“The Court maintains that the accused-movants conspired with one another and displayed manifest partiality, gross inexcusable negligence, and/or evident bad faith in causing undue injury to the government in the amount ofP9,600,000 and in extending unwarranted benefits to MFI,” the court said.