NGO exec acquitted in P3.8 million PDAF case

MANILA, Philippines — The Sandiganbayan has acquitted a non-government organization (NGO) officer who was charged with graft over the alleged misuse of the Priority Development Assistance Fund (PDAF) of the late former Maguindanao congressman Simeon Datumanong.

The anti-graft court’s Seventh Division granted the demurrer to evidence and dismissed the two counts of graft filed against Gracita Cecilia Mascenon-Sales, president of Maharlikang Lipi Foundation, Inc. (MLFI).

Sales and Datumanong were among seven individuals charged over alleged irregularities in the release of the lawmaker’s P3.8-million PDAF – also known as pork barrel funds – from 2012 to 2013.

The charge sheet alleged that the respondents, including certain former officials of the National Commission on Muslim Filipinos (NCMF), committed violations when the MLFI was chosen as the project implementer without going through the proper bidding process.

The NCMF, which Datumanong tapped to be the implementing agency of his PDAF-funded project, supposedly chose MLFI upon the endorsement of the lawmaker. But the case against Datumanong was dismissed following his death in 2017.

Meanwhile, all the other accused except Sales pled to a lesser offense and were fined P5,000 for each count.

Only the case against the MLFI president went to trial.

Following the prosecution’s presentation of their witnesses, the anti-graft court allowed Sales to file a demurrer to evidence, which questioned the sufficiency of evidence presented against her.

In its ruling, the court said the prosecution failed to establish that Sales conspired against the other accused to commit the offenses, noting that she cannot be expected to have knowledge regarding NCMF’s compliance with the selection process.

“Here, there is no evidence that accused by some overt act conspired with any of NCMF public officers in the alleged giving of unwarranted benefit to MLFI by deciding to forgo with the conduct of public bidding,” read the 32-page resolution dated Oct. 5 and released on Friday.

“It bears to point out that accused Mascenon-Sales’ only participation in the alleged conspiracy was her signature in the MOA (memorandum of agreement). However, her signature, alone, would not suffice to warrant a finding of conspiracy,” it added.

It also noted the prosecution’s failure to prove that the transactions caused undue injury, saying there is no finding that the funds were not applied to the purpose for which it was granted.