The Sandiganbayan has denied the appeal of an ex-official of the now-defunct National Agribusiness Corporation (Nabcor) to reverse his graft conviction in connection with the infamous pork barrel scam.
In June, Nabcor technical specialist Dennis Lozada was found guilty of one count of graft and was sentenced to up to eight years in prison for allegedly playing a key role in the unlawful disbursement of P4.85 million Priority Development Assistance Fund (PDAF) of former Batangas Rep. Mark Llandro Mendoza in 2008.
Lozada was accused of conspiring with his peers to release Mendoza’s PDAF to Eulalio Garcia of the Center for Mindoro Integrated Development Foundation Inc. (CMIDFI) in two tranches despite some irregularities, in violation of the Government Procurement Reform Act (RA 9184).
In petitioning the Sandiganbayan, Lozada denied that he was in cahoots with his co-accused and that his role in signing the disbursement vouchers, allowing the PDAF’s release to CMIDFI, was only in compliance with the orders of his immediate supervisor, Roseph Velasco-Castelo.
The prosecution, however, argued that the PDAF in question could not have been transferred to CMIDFI without the concerted acts of Lozada, Garcia, and their other co-accused.
Concurring with the prosecution, the Sandiganbayan also did not buy Lozada’s alibi that he only followed Castelo’s orders, “when in fact, he had every opportunity to question this designation.”
“Movant-accused Lozada cannot escape liability by invoking the good faith defense,” the anti-graft court said.
In view of the foregoing, the Sandiganbayan ruled that there is “no compelling reason” to overturn its June decision.
“Accused Lozada acted with gross inexcusable negligence when he signed Box "A" of the disbursement voucher…knowing fully well that he was never officially designated and authorized to sign,” the Sandiganbayan emphasized.
“The individual action of movant-accused Lozada, when viewed and taken together as a whole, indicated a unity of criminal design and purpose to illegally disburse the subject funds in favor of CMIDFI,” it added.