17 ex-GOCC, NGO officials found guilty of PDAF misuse

The Sandiganbayan has convicted 17 ex-officials of defunct government-owned and -controlled corporations (GOCCs) as well as private individuals of graft and malversation over the illegal use of around P47 million worth of pork barrel of former lawmaker Marina Clarete of Misamis Occidental from 2007 to 2009.

The former officials were from the National Agribusiness Corporation (NABCOR), the National Livelihood Development Corporation (NLDC), and the Technology Resource Center (TRC).

Former NABCOR vice president for administration and finance Rhodora Mendoza received the worst punishment among the former government officials, with 16 convictions in total, or at least 108 years of jail time.

In her defense, Mendoza denied that she conspired with the other accused to allow the misuse of the Priority Development Assistance Fund (PDAF) allocations of Clarete, who tapped NGOs Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. (KKAMFI), Kasangga sa Magandang Bukas Foundation, Inc. (KMBFI), and Aaron Foundation Philippines Inc. (AFPI) to implement livelihood projects for the first district of Misamis Occidental.

Mendoza was convicted of eight counts of graft and eight counts of malversation of public funds.

Flerida Alberto, president, incorporator, and chairman of KKAMFI board from 2006 to 2008, had the second highest number of convictions with 12.

The Sandiganbayan found Alberto guilty of six counts of graft and six counts of malversation of public funds, which is equivalent to at least 72 years in prison.

There were five other accused who had eight convictions each, but it was Encarnita Munsod, a former NABCOR Human Resource Supervisor, who will be facing the longest jail time of at least 56 years since she was convicted on four counts of graft and four counts of malversation of public funds.

Former TRC deputy director general Dennis Cunanan was also found guilty.

The prison terms for the rest of the convicted range from eight to 48 years.

“The Court finds that the testimonies and sworn statements executed by the punong barangays and municipal agriculturists as to the names of their constituents and non-implementation of the PDAF-funded livelihood projects of accused Clarete are with probative value,” the Sandiganbayan Third Division said.

The anti-graft court also said that under Section 389 of the Local Government Code, punong barangays are required to perform such duties and functions relative to the general welfare of the barangay and its inhabitants.

“As such, they are presumed to have knowledge of the names and circumstances of the residents of their respective barangays,” the Sandiganbayan said.

In addition, the Sandiganbayan said that the prosecution was able to sufficiently establish that the transfer of public funds from the implementing agencies to the non-government entities and the subsequent utilization of the said funds were all done in violation of the provisions of Commisison on Audit Circular No. 2007-001 and other regulations pertaining to the proper utilization of public funds.

The Sandiganbayan cited the following COA Circular No. 2007-001 provisions that were not complied with by the accused:

• Item 5.0 which prescribes the accounting  and reporting responsibilities of the implementing agencies and the NGOs  with regard to the implementation of the project
• Item 5.2 which states that the signing officials of the  implementing agency to the Memorandum of Agreement (MOA) will cause close monitoring and  inspection of project implementation and verification of financial records and reports of the NGO, as well as ensure compliance with the provisions of the MOA and the circular and
• Item 5.4 which provides that within 60 days after the  completion of the project, the NGO must submit to the implementing  agency the final Fund Utilization Report certified by its Accountant and  approved by its President/Chairman.

This report, according to the circular, must include the inspection report, certificate of project completion, and list of beneficiaries with their acceptance or acknowledgment.

“Here, the Court finds that the accused failed to comply with the provisions of items 5.0, 5.2, and 5.4 of COA Circular No. 2007-001 because the NGOs submitted falsified certifications, reports, invoices, and list of beneficiaries, which the implementing agencies and accused Clarete verified and certified as correct and proper,” the Sandiganbayan said.  —VBL, GMA Integrated News