Court defers arraignment of ex-NLDC execs involved in 2009 PDAF case

The Sandiganbayan Fifth Division decided to reset the arraignment of former National Livelihood Development Corporation (NLDC) officials concerning their alleged involvement in the Priority Development Assistance Fund (PDAF) scam back in 2009.

During the scheduled hearing on Wednesday, 24 June, the anti-graft court opted to defer the proceedings through the separate motions to quash submitted by accused Gondelina Amata and Gregoria Garcia Buenaventura.

The purpose of such a motion is to ask a court like the Sandiganbayan to effectively dismiss or “quash” the criminal case that was filed against them, deeming the evidence invalid, prior to the respondent officially entering their plea.

Given the motions, the judges said that the arraignment would be reset to 6 August.

In the complaint that was filed by the Office of the Ombudsman last 3 June, Amata and Buenaventura were said to be involved in the illegal transfer of P2.9-million of PDAF funds to the Kabuhayan at Kalusugan Alay sa Masa Foundation, Inc. (KKAMFI) through a disbursement voucher.

The amount was supposedly meant for a livelihood development project in the 2nd District of Davao del Sur. Investigations later found that the project was not implemented and that documents were made to appear that it was in fact accomplished.

The Ombudsman noted that the officials had taken advantage of their positions in order to “conspire and confederate” with the project coordinator of KKAMFI in the process, despite merely dispensing with their official functions.

It further noted that the partnership was found to have “evident bad faith, manifest partiality or gross inexcusable negligence” which in turn caused undue injury to the government.

The complaint mentioned that both respondents were charged with graft as a result of the damage that the misappropriated amount did to the government.