The Sandiganbayan has acquitted former Nueva Ecija Rep. Rodolfo Antonino of graft and malversation charges in connection with the allegedly irregular use of his Priority Development Assistance Fund (PDAF) amounting to P14.5 million.
In a 94-page decision promulgated on June 1, the antigraft court鈥檚 Sixth Division said prosecutors from the Office of the Ombudsman failed to prove Antonino鈥檚 guilt beyond reasonable doubt.
Antonino鈥檚 case involved the allotment of his PDAF, or 鈥減ork barrel,鈥 for the procurement of 7,275 sets of livelihood technology kits for his constituents in Nueva Ecija鈥檚 fourth district.
Ghost project
The former lawmaker, according to the Ombudsman, 鈥渦nilaterally chose and endorsed鈥 Buhay Mo Mahal Ko Foundation Inc., a nongovernmental organization that prosecutors said was 鈥渙perated and/or controlled鈥 by Antonino, as the implementing 鈥減roject partner鈥 for his livelihood project.
READ: Nueva Ecija lawmaker, ex-agri chief indicted over P15-M 鈥榩ork鈥 mess
The organization chosen by Antonino, the prosecution said, was 鈥渦naccredited and unqualified鈥 to undertake his livelihood program, which they also claimed was a ghost project.
The payment for the livelihood kits was made in two tranches鈥擯13 million on March 19, 2007, and P1.455 million on April 24, 2007.
The now-defunct National Agribusiness Corp. (Nabcor) entered into a memorandum of agreement with the chosen organization of Antonino for the implementation of the project.
Then Agriculture Secretary Arthur Yap, on the other hand, also entered into an agreement with Nabcor for the implementation of Antonino鈥檚 project.
Former supervisor guilty
While the court cleared Antonino of graft and malversation, it found Encarnita Cristina Munsod, the then human resource supervisor of Nabcor, guilty of graft and malversation, sentencing her of up to 34 years in prison.
Munsod was also ordered by the court to pay the fine of P14.5 million, or the amount of Antonino鈥檚 alleged misappropriated PDAF. She was also ordered to return the same amount to the government.
In clearing Antonino, the court pointed out that while state prosecutors were able to prove Antonino acting with 鈥渕anifest partiality鈥 when he requested the transfer of his PDAF allocation to Nabcor, it was 鈥渄ifferent鈥 from what was alleged in the criminal information.
The court cited the alleged unilateral choosing and endorsement of the nongovernmental organization as his 鈥減roject partner,鈥 which the prosecution 鈥渇ailed to prove.鈥
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