The Sandiganbayan on Monday acquitted a former executive of a non-governmental organization (NGO) accused of receiving the lion’s share of P5 million in pork barrel funds from ex-Manila lawmaker Joey Hizon, supposedly to execute livelihood projects that were later found to be “ghost” or non-existent.

Marilou Ferrer, one of the officers of Kaagapay Magpakailanman Foundation Inc. (KMFI), walked free from one count each of graft and malversation of public funds after the Sandiganbayan approved her petition to dismiss the charges against her.

Ferrer had earlier been permitted by the anti-graft court to challenge the sufficiency of the prosecution's evidence, which eventually led to the approval of her demurrer to evidence. A demurrer to evidence is a pleading by the accused that, when granted by the court, results in acquittal.

Ferrer was charged along with other representatives of another NGO and officials of the defunct Technology and Livelihood Resource Center (TLRC), which was supposedly the implementing agency of the P5 million Priority Development Assistance Fund (PDAF) projects of Hizon in 2007.

Court records showed that TLRC channeled P4.8 million to KMFI and retained the P200,000 for management and service fees.

The prosecution said KMFI obtained Hizon’s PDAF despite lacking the necessary qualifications to implement the PDAF-funded projects, whose supposed beneficiaries were later found to be “fictitious.”

Ferrer petitioned the Sandiganbayan, arguing that she could not be held liable for the crimes charged, as the only evidence against her was her signature on KMFI’s articles of incorporation and the “unsubstantiated” claim of the prosecution that she received the P4.8 million and misused it.

She contended that being an officer of KMFI did not establish her participation in the scheme or conspiracy with the other accused.

The prosecution opposed Ferrer’s petition, arguing that she could not distance herself from the illegal acts of KMFI, which was allegedly used as a vehicle to defraud the government, as if she had no connection to it.

However, the Sandiganbayan countered that there was no evidence to support the charges against Ferrer. The court also pointed out that one of their witnesses denied knowledge of the evidence alleging that Ferrer received the PDAF.

“The prosecution has failed to present any evidence, documentary or testimonial, proving that Ferrer received the mentioned amount,” it said.

“In all, the prosecution has not proven Ferrer’s liability for the crimes charged beyond reasonable doubt, as required by Section 2, Rule 33 of the Rules of the Court… Due to this failure, accused Ferrer can now move for the dismissal of the case on demurrer to evidence,” the court ruled.

This case was only part of the roughly P20 million in pork barrel funds of Hizon, which were allegedly unlawfully released to KMFI and two other private NGOs.

Aside from this case, Ferrer was also implicated in various corruption charges involving the alleged PDAF scam of other lawmakers.