Sandiganbayan finds ex-TLRC officials guilty of malversation, graft

The Sandiganbayan has found three former state-run Technology and Livelihood Resource Center officials guilty of malversation of public funds and graft over the illegal disbursement of P4.8 million worth of public funds to an unqualified non-government organization (NGO).

The anti-graft court, in a 72-page decision dated October 9, sentenced former TLRC officials Deputy Director General Dennis Cunanan, chief accountant Marivic Jover, and sales and promotion Supervisor Belina Concepcion to 10 to 18 years in prison each for malversation of public funds and another six to 10 years of jail time each for their graft conviction, as well as perpetual disqualification from holding public office.

The Sandiganbayan said these individuals allowed the transfer of P4.8 million of public funds, a discretionary fund or pork barrel of former Palawan Representative Antonio Alvarez, to NGO Kalinga sa Kapwa at Kalikasan Foundation, Inc. (KKKFI) without reviewing KKKFI’s qualifications and without public bidding.

“With the individual and collective actions of accused Cunanan, Concepcion  and Jover, the funds were illegally released to  KKKFI. The release of the PDAF (Priority Development Assistance Fund) would not have been possible if not for the signatures and individual participation of the accused in the said transaction,” the Sandiganbayan said.

“In these cases, the prosecution has sufficiently established that the PDAF  funds released to [NGO] KKKFI (Kalinga sa Kapwa at Kalikasan Foundation, Inc.) amounting to P4.8 million for the implementation of the livelihood projects of the First District of Palawan remain unliquidated and that the livelihood project was never implemented,” the Sandiganbayan pointed out.

The anti-graft court said the P4.8 million PDAF was released to KKKFI as evidenced by Official Receipt No. 0053, dated March 13, 2007, issued by the KKKFI.

“Accused Cunanan should not have merely relied on the findings of the other TLRC/TRC officials as he should have personally verified the documents attached in the disbursement voucher. It is [also] evident from the records that even the duty to monitor the implementation of the livelihood project was not done by accused Cunanan, Concepcion and Jover,” the Sandiganbayan said.

“Accused Concepcion should have reached out to KKKFI for the status and updates on the project upon the release of the funds, but did not. Accused Cunanan, Concepcion and Jover clearly likewise flagrantly disregarded their duties and responsibilities under the existing laws,” the anti-graft court added.

Likewise, the Sandiganbayan said that the prosecution was also able to prove that Cunanan, Concepcion, and Jover gave unwarranted benefits and advantage to KKKFI when it was selected as the project partner of TLRC because it was selected as the project partner on the basis of a mere endorsement letter from the legislator and without the required public bidding and proper accreditation.

“The prosecution was able to prove beyond reasonable doubt the existence  implied conspiracy between the accused as evidenced by their respective acts and participation in the transaction,” the anti-graft court said.

“The Court is ·convinced that the acts of the accused were so connected and related and with the common aim of defrauding the government by allowing KKKFI to serve as a project partner of TLRC in the absence of public bidding and the required accreditation under COA (Commission on Audit) Circular No. 96-003,” the anti-graft court added.

Aside from jail time, Cunanan, Concepcion, and Jover were ordered to jointly and severally pay the Republic of the Philippines, through the Bureau of Treasury, the amount of P4.8 million with legal interest of 6% per annum reckoned from the finality of the decision until full satisfaction. —VAL, GMA Integrated News