The Sandiganbayan acquitted on Friday a former executive of a non-government organization accused of being involved in the unlawful disbursement of P9.7 million in pork barrel funds from then-Manila lawmaker Joey Hizon in 2007.
Filo Mayo Cucueco, a treasurer and incorporator of Kabalikat sa Kalusugan at Kaunlaran Foundation Inc. (KKKFI), petitioned the Sandiganbayan to have his case dismissed, which the anti-graft court granted, citing the prosecution’s failure to prove his guilt beyond a reasonable doubt.
Cucueco was charged with one count each of graft and malversation of public funds for allegedly conspiring with his peers and officers of the now-defunct Technology and Livelihood Resource Center (TLRC) for the release of Hizon’s Priority Development Assistance Fund (PDAF).
Court records revealed that the TLRC engaged the KKKFI to implement the supposed livelihood development projects for Hizon's fifth district in Manila. The prosecution claimed that it was Hizon who endorsed KKKFI for the projects.
Of the P10 million from the lawmaker’s PDAF, KKKFI received P9.6 million, while P400,000 was allocated to TLRC for service fees and livelihood materials.
Graft investigators said the KKKFI obtained the money notwithstanding that it lacked proper accreditation and was not identified as implementing arms of Hizon’s PDAF-funded projects.
Moreover, there were also no documents showing that the NGO implemented the projects.
In 2012, the Commission on Audit Special Audit Office deemed the transaction as illegal and irregular. As a result, 20 individuals were charged with corruption raps, including Cucueco.
In his appeal, Cucueco said he was only being implicated due to his position in the KKKFI, which he argued does not automatically indicate his knowledge of or involvement in any alleged anomalous transactions.
The prosecution, meanwhile, countered that the mere fact that the KKKFI was used as a vehicle to defraud the government, the persons behind the incorporation must be held criminally liable.
However, the Sandiganbayan ruled that the prosecution failed to prove that Cucueco colluded with TLRC officials, which was necessary for his conviction.
“It must be stressed that these are mere allegations… In view of basic rule in evidence, it is imperative to note that mere allegations and speculation do not constitute evidence, nor do they suffice as proof beyond reasonable doubt for the crime charged,” it said.
The Sandiganbayan also pointed out that despite Cucueco’s involvement in signing documents, it does not substantiate his active participation in the illegal disbursement of funds to KKKFI.
“No overt acts were attributed to him sufficient to hold him equally guilty of the crime proved. As a result, the court is compelled to acquit him of the crime,” the court ruled.
In August, the Sandiganbayan sentenced Cucueco’s co-accused, TLRC executives Dennis Cunanan and Maria Rosalinda Lacsamana, to up to more than 70 years in prison after being found guilty of graft and malversation.