Court acquits ex-La Union lawmaker of graft over PDAF

MANILA, Philippines: The Sandiganbayan's First Division acquitted former La Union 2nd District Rep. Thomas Dumpit Jr. and others of charges of graft, malversation of public funds, and malversation through falsification in connection with Priority Development Assistance Fund (PDAF).

In its 179-page decision promulgated on Tuesday, the court acquitted Dumpit Jr. of four counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (case nos. SB-17-CRM-1498 to 1499 and SB-17-CRM-1500 to 1501).

It found his defense of forgery relevant and availing as to certain documents certifying that livelihood projects funded by Special Allotment Release Order (SARO) No. ROCS-08-04848 and SARO No. D-08-01442 were implemented.

The court said, «We find and so hold that accused Dumpit [Jr.] sufficiently proved his defense of forgery as to the purported signatures of the accused in the PDAF documents relevant to this case.»

The court also said, «It must be stressed that the funds were released by the [Department of Budget and Management or] DBM directly to the implementing agency, [Technology Resource Center or] TRC, which subsequently disbursed the funds for the implementation of the projects to [Kabuhayan at Kalusugang Alay sa Masa Foundation, Inc. or] KKAMFI and [AARON Foundation Philippines, Inc. or] AFPI. There is, therefore, no basis for the allegation that accused Dumpit conspired with any of the other accused in the present cases.»

«Absent any conclusive evidence that accused Dumpit [Jr.] directly acted with manifest partiality of evident bad faith, the Court is inclined to accord the accused the presumption of innocence guaranteed by the Bill of Rights», it said.

The court also found that «there was insufficient evidence to persuade a finding of evident bad faith and manifest partiality on the part of» Dennis Cunanan, Fransisco Figura, Ma. Rosalinda Lacsamana, Consuelo Lilian Espiritu, and Marivic Jover who had been employees of the TRC.

According to the court's decision, the prosecution had claimed that Flerida Alberto signed documents which facilitated the release of Dumpit Jr.'s PDAF allocation to Kkamfi.

«A comparison of the signatures appearing above the