THE Sandiganbayan has acquitted former La Union Rep. Thomas Dumpit Jr. and eight others of four counts each of graft and malversation of public funds in connection with the transfer of his pork barrel funds to questionable non-government organizations.
Cleared along with Dumpit were Technology Resource Center deputy director general Dennis Cunanan, group managers Francisco Figura and Ma. Rosalinda Lacsamana, budget officer Consuelo Espiritu, and chief accountant Marivic Jover; and private defendants Flerida Alberto, Pio Ronquillo Jr., and Fe Ronquillo, who were from non-government organizations.
In its November 28 decision, the anti-graft court said there was not enough evidence to show that the accused had conspired to defraud the government.
“The evidence of the prosecution does not meet the test of moral certainty in order to establish that accused public officers Dumpit, Cunanan, Figura, Lacsamana, Espiritu, and Jover conspired with accused private individuals,” it said.
Dumpit was accused of conspiring with TRC officials to transfer P6.5 million of his priority development assistance funds to his hand-picked NGOs.
The prosecution said Dumpit chose the NGOs Kabuhayan at Kalusugang Alay sa Masa Foundation and Aaron Foundation Philippines Inc. to receive his funds even if they did not have the proper accreditation or business permits.
Witnesses also said the NGOs submitted bogus liquidation documents and had questionable existence.
But in acquitting Dumpit, the anti-graft court said that during the transactions in 2008, a legislator could validly endorse an NGO to implement PDAF-backed projects.
It said it was only in 2013 when the Supreme Court said lawmakers’ intervention in the funding of government projects was declared unconstitutional.
It also said Dumpit, who presented a handwriting specialist as witness in his defense, was able to prove that his signatures in the PDAF documents pertaining to the projects were forged.
As for the TRC officials, the Sandiganbayan said they could not be found guilty because there was no fraudulent intent or clear inclination to favor one side or person over another.
“In sum, the court found that there was insufficient evidence to persuade a finding of evident bad faith and manifest partiality on the part of accused Cunanan, Figura, Lacsamana, Espiritu, and Jover,” it said.
The decision was penned by Associate Justice Geraldine Faith Econg. Concurring were Associate Justices Efren De la Cruz and Juliet Manalo-San Gaspar.
