Court defers PDAF arraignment

The Sandiganbayan Fifth Division has reset the arraignment of former National Livelihood Development Corporation (NLDC) officials accused of involvement in the 2009 Priority Development Assistance Fund (PDAF) scam.

During Wednesday’s hearing, the anti-graft court deferred the proceedings pending the resolution of separate motions to quash filed by accused Gondelina Amata and Gregoria Garcia Buenaventura.

A motion to quash seeks the dismissal of a criminal case before an accused enters a plea, typically on the grounds that the information or evidence presented is legally insufficient.

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

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

Diverted funds

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 fabricated to make it appear as if it had been accomplished.

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

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.