A former non-governmental organization treasurer accused of having a hand in the misuse of pork barrel funds of Senator Lito Lapid in 2011 and 2012 was ordered to indemnify the government with a hefty P4.6 million.
The order follows the Sandiganbayan's decision handed down on 13 March, where it found Myrna Bayucan, then treasurer of Focus on Development of Goals Foundation Inc., guilty of three counts each of violation of Section 89 (limitations on cash advance) of the State Audit Code of the Philippines and Article 218 of the Revised Penal Code for failure of accountable officer to render accounts.
The anti-graft court meted out the raps after Bayucan entered into a plea bargaining agreement with the prosecution to plead guilty to the lesser offense in lieu of graft, malversation, and falsification of public documents.
A plea bargain requires mutual agreement between the defense and the prosecution. However, the acceptance of an offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is addressed entirely to the trial court's sound discretion.
"At this instance, all the requisites of a valid plea bargain have been met," the Sandiganbayan said.
The erstwhile treasurer was accused of playing a key role in releasing Lapids's P4.6 million pork barrel funds by preparing and signing the project proposals, work and financial plan, project physical report, and other liquidation documents.
Court records showed that Lapid's PDAF-funded projects implementor, Focus, was not only unqualified to undertake the projects but also failed to implement them and did not liquidate the disbursed amount.
Since the admission of the allegations in the case is part of the plea bargain agreement, Bayucan will pay the government P4.6 million divided into four tranches as part of the penalty to be imposed.
"Every person criminally liable for a felony is also civilly liable," the court said.