Ex-La Union lawmaker acquitted of PDAF-related graft and malversation charges

By Czarina Nicole Ong-Ki

Former La Union 2nd District Rep. Thomas De Lara Dumpit has been acquitted by the Sandiganbayan First Division of his priority development assistance fund (PDAF)-related graft and malversation charges after his demurrer to evidence was granted.

Sandiganbayan (MANILA BULLETIN)

Dumpit was earlier slapped with two counts of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and another two counts of Article 217, in relation with Articles 48 and 171(e) of the Revised Penal Code, also known as Malversation through Falsification of Public Documents.

This was in relation to the reportedly anomalous use of his P14.55 million PDAF in 2008, which was supposed to fund livelihood projects for farmers in his district.

On August 16, the anti-graft court allowed Dumpit to file his demurrer to evidence, which is an objection made by the defense arguing that the prosecution’s evidence is weak or insufficient enough to reach a conviction.

In his demurrer, Dumpit argued that the prosecution failed in proving all the allegations of the crimes charged and his acts of conspiracy with his co-accused.

The former lawmaker faced the charges together with National Agribusiness Corporation (NABCOR) officials Alan Javellana, Rhodora Mendoza, Romulo Relevo, Ma. Julie Villaralvo-Johnson, and Kasangga sa Magandang Bukas Foundation Inc. (KMBFI) President Marilou Antonio.

Dumpit reportedly chose and endorsed KMBFI, a non-government organization (NGO), as project partner for his PDAF-funded projects “in disregard of the appropriation law and its implementing rules, without the benefit of public bidding,” his charge sheet stated. The NGO was also deemed unqualified to undertake the projects.

Dumpit and NABCOR’s Javellana then entered into a memorandum of agreement (MOA) with KMBFI and released the amounts of P13,095,000 and P1,455,000 in two separate occasions “without having carefully examined and verified the accreditation and qualifications of KMBFI.”

But Dumpit said in his demurrer that contrary to the claims made by the prosecution, he is actually not a party of the MOA with KMBFI so he cannot be bound by it.

Dumpit added that the MOA should not lead the court to the conclusion that he personally endorsed KMBFI as the implementing NGO of the project, since KMBFI was not even mentioned in the document.

At the same time, the letters to former Speaker of the House of Representatives Prospero Nograles and the former Secretary of Agriculture Arthur C. Yap that bore his signature, even if genuine, failed to substantiate that he chose and requested KMBFI as project partner.

The anti-graft court was of the same mind when it issued a 36-page decision dated November 8, which was written by Associate Justice Geraldine Faith Econg with the concurrence of Chairperson Efren De La Cruz and Edgardo Caldona.

“Accused Dumpit did not perform an act which manifested that he unilaterally chose KMBFI as the implementing NGO of the livelihood project,” the decision stated.

“He was not a party to or a signatory of the two MOAs between NABCOR and KMBFI. Not evidence was likewise presented showing that he had a palpably and patently fraudulent and dishonest purpose showing evident bad faith. Further, he did not act with gross inexcusable negligence in the release of the fund to KMBFI or the implementation of the project,” it added.

The only participation of Dumpit, if at all, were his two letters to Nograles and Yap. The court said the letters were not irregular nor illegal, but were simply issued in the regular course of his duty as a lawmaker.

There was nothing in the letters that showed Dumpit’s preference to KMBFI, since he only requested that a portion of his PDAF be transferred to NABCOR.

Moreover, the anti-graft court ruled that Dumpit and his co-accused cannot be held liable for Malversation through Falsification since “they have exercised their duties with the degree of diligence required of them under the law.”

Relevo and Mendoza were likewise cleared of their criminal charges. Since the court did not acquire jurisdiction over Javellana, Villaralvo-Johnson and Antonio, who remain at large, the cases against them were ordered archived.