Sandiganbayan clears ex-La Union solon of graft, malversation cases

The Sandiganbayan has cleared former La Union congressman Thomas Dumpit Jr. and several others of graft and malversation charges over the alleged use of P14.5 million worth of the solon's pork barrel for fictitious projects. 

The anti-graft court said the prosecution failed to prove the case beyond reasonable doubt.

The 227-page decision dated July 3 also acquitted Gondelina Amata, Ofelia Ordoñez, Gregoria Buenaventura, Sofia Cruz, Flerida Alberto, Godofredo Roque and Lilibeth Aloot-Macazo.

Amata, Ordoñez, Buenaventura and Cruz were former national Livelihood Development Corporation officers. Alberto, Roque and Macazo were part of non-government organization (NGO) Kabuhayan at Kalusugan Alay sa Masa Foundation, Inc. (KKAMFI).

Dumpit and the NLDC officers were accused of acting with manifest partiality, evident bad faith and gross inexcusable negligence in selecting KKAMFI as project implementor and for facilitating the transfer of the then congressman's pork barrel to the NGO.

The court said it violated the provisions of the General Appropriations Act and Commission on Audit rules.

“The prosecution was unable to present sufficient proof that accused Dumpit participated in the transactions involved in these cases. During the testimonies in open court, it failed to impute any of the alleged criminal acts as to accused Dumpit as there was no evidence presented as to the direct participation or involvement of accused Dumpit in the transactions subject of these cases,” the Sandiganbayan said.

“Nothing in the records shows that these accused NLDC officials appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take the PDAF funds. The prosecution failed to show that they received any interest or benefit in the transactions in these cases,” it added.

The Sandiganbayan also stressed that Dumpit’s P14.5 million PDAF were released by the Department of Budget and Management directly to NLDC, which subsequently disbursed the funds for the implementation of the projects to KKAMFI.

“Nowhere in the release of these funds does  it show that accused Dumpit was involved in these transactions. There is, therefore, no basis for the allegation that he conspired with any of the other accused in the herein cases,” the court said.

It added that the tenor of Dumpit’s endorsement letters asking the DBM to release his PDAF to the NGO KKAMFI is merely recommendatory.

“In sum, assuming that accused Dumpit indeed requested for the release of his PDAF allocation and endorsed the NGO KKAMFI, he was simply carrying out acts required for the release of the funds and other 'informal practices,' which were declared by the Supreme Court as unconstitutional. But again, because of the doctrine of operative fact, the declaration of unconstitutionality is prospective,” the Sandiganbayan said.

“These acts, therefore, enjoy the presumption of validity,” it added.—LDF, GMA Integrated News