Sandigan orders NGO treasurer to pay gov’t P4.6M

FOR ILLEGAL USE OF SEN. LAPID’S PDAF

The Sandiganbayan has ordered a former treasurer of a non-government entity to pay the government at least P4.6 million over the illegal use of former Senator Lito Lapid’s pork barrel fund from 2011 to 2012.

In a 16-page decision dated March 13, the anti-graft court slapped the said penalty to Myrna Bayucan, then treasurer of non-government organization Focus on Development of Goals Foundation, Inc. (Focus), after she was found guilty on three counts of violation of Section 89 (Limitations on cash advance) in relation to Section 128 of Presidential Decree 1445 or State Audit Code of the Philippines and three counts of Failure of Accountable Officer to Render Accounts or violation of Article 218 of the Revised Penal Code.

The guilty verdict stemmed from the court’s approval of a plea bargaining deal which Bayucan and government prosecutors priorly agreed upon, allowing Bayucan to plead to the abovementioned lesser offenses instead of facing three counts of graft charges, two counts of malversation of public funds and one count of malversation of public funds through falsification of public documents.

Government prosecutors alleged that Bayucan was one of those who prepared and signed the project proposals, work and financial plan, project physical report, and other liquidation documents for the spending of Lapid’s pork barrel, officially known as Priority Development Assistance Fund (PDAF), even though these projects under the supervision of the state-run Philippine Forest Corporation (PFC) were never subjected to public bidding and NGO Focus was unqualified to undertake the projects.

Likewise, state prosecutors said NGO Focus failed to implement the projects, and the accused in the case also failed to liquidate the disbursed amount.

“At this instance, all the requisites of a valid plea bargain have been met. [And so] by virtue of the plea bargain agreement, accused Bayucan can be allowed to plea bargain to a lesser offense. The plea bargaining agreement is thus considered approved,” the Sandiganbayan said.

“Undeniably, plea bargaining in criminal cases is an essential component of the administration of justice. An accused enters into a plea bargaining agreement by admitting his/her guilt with the hope of securing a more lenient punishment, and possibly probation, should the offer be accepted and approved by the court. As such, the tedious process and protracted trial, is shortened, and the accused is promptly given a chance at rehabilitation, redemption and reintegration to society,” the Sandiganbayan added.

In the same vein, the Sandiganbayan argued that the plea bargaining benefits the state as the prosecution secures a final conviction with very minimal to nil use of its time and resources.

Since admission of the allegations in the charges is part of the plea bargain agreement, the Sandiganbayan ordered Bayucan to pay the following penalties to the government through the National Treasury, without prejudice to a finding, if any, that the same be made solidary with the other accused in the case:

• P3.5 million for cases under SB-20-CRM-0068 and SB-20-CRM-0071
• P350,000 for cases under SB-20-CRM-0069 and SB-20-CRM-0072 and
• P750,000 for cases under SB-20-CRM-0070 and SB-20-CRM-0073

In addition to these fines, Bayucan was also slapped a penalty of P1,000 for each count of the six counts of lesser offenses that she pleaded guilty to.

Sandiganbayan Associate Justices Ma. Theresea Gomez-Estoesta, Zaldy Trespeses and Georgina Hidalgo all concurred with the decision.  —VAL, GMA Integrated News