The Sandiganbayan has acquitted former National Commission on Muslim Filipinos (NCMF) secretary Mehol Sadain of graft, malversation, and falsification in connection with the alleged anomalies in the use of P2.1 million Priority Development Assistance Fund (PDAF) of former Misamis Occidental Rep. Loreto Leo Ocampos in 2013.
In a resolution promulgated on 9 December but made public recently, the anti-graft Second Division granted the demurrer to evidence filed by Sadain, citing “insufficiency of evidence” by the prosecution.
His co-accused — Josefina Candole and Jamie Ann Linsangan, president and project implementer of the Rich Islas de Filipinas Foundation Inc. (RIFFI), respectively — jointly filed a similar petition but had it dismissed by the court for “lack of merit.”
A demurrer to evidence is a pleading by the accused to dismiss the case brought by the defense due to lack of evidence. Once granted in a criminal case, it constitutes an acquittal.
The Ombudsman indicted Sadain, Candole, and Linsangan, along with Ocampos, for violation of the Anti-Graft and Corrupt Practices Act (RA 3019), malversation of public funds, and falsification by a public officer for allegedly acting in cahoots to defraud the government of P2.1 million.
Court records showed that Ocampos “unilaterally chose and endorsed” RIFFI as the “project partner” of his PDAF-funded projects in his district.
However, graft investigators later discovered that RIFFI did not implement or distribute the business starter kits to Ocampos’ constituents despite receiving the P2.1 million.
In his petition, Sadain argued that the prosecution failed to present evidence that he misappropriated the funds and that his only role was signing the memorandum of agreement, which was necessary for the release of the PDAF to RIFFI.
Concurring with Sadain, the Sandiganbayan asserted that the prosecution could not merely rely on signatures to substantiate its claim that Sadain was part of the concerted effort to deceive the government.
Additionally, the court stated that Sadain was not the only signatory to the documents prepared by other NCMF staff before he affixed his signature to the MoA.
“Verily, the prosecution failed to cite any clear and convincing evidence to buttress its allegation of conspiracy and the purported acts or omissions of accused Sadain constituting the crimes charged,” the resolution reads.
Subsequently, the court concluded that Candole and Linsangan—officers at the helm of the actual implementation of the project at the grassroots level—were placed in such an important position in the alleged scheme.
“Hence, their acts were shown to have undoubtedly contributed to the execution of the conspiracy,” it added.