The Sandiganbayan has cleared former La Union congressman Thomas Dumpit Jr. and several other others of graft and malversation expenses over the alleged use of P14.5 million price of the solon’s pork barrel for fictitious tasks.
The anti-graft court docket stated the prosecution did not show the case past affordable doubt.
The 227-page resolution dated July 3 additionally acquitted Gondelina Amata, Ofelia Ordoñez, Gregoria Buenaventura, Sofia Cruz, Flerida Alberto, Godofredo Roque and Lilibeth Aloot-Macazo.
Amata, Ordoñez, Buenaventura and Cruz have been former nationwide Livelihood Development Corporation officers. Alberto, Roque and Macazo have been a part of non-government group (NGO) Kabuhayan at Kalusugan Alay sa Masa Foundation, Inc. (KKAMFI).
Dumpit and the NLDC officers have been accused of performing with manifest partiality, evident unhealthy religion and gross inexcusable negligence in choosing KKAMFI as undertaking implementor and for facilitating the switch of the then congressman’s pork barrel to the NGO.
The court docket stated it violated the provisions of the General Appropriations Act and Commission on Audit guidelines.
“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 stated.
“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 additionally careworn that Dumpit’s P14.5 million PDAF have been launched by the Department of Budget and Management on to NLDC, which subsequently disbursed the funds for the implementation of the tasks 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 docket stated.
It added that the tenor of Dumpit’s endorsement letters asking the DBM to launch 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 stated.
“These acts, therefore, enjoy the presumption of validity,” it added.—LDF, GMA Integrated News
Source: www.gmanetwork.com
