Sandigan Cancels P3-M Fine Imposed on Ex-Congressman Jaraula and 4 Others on Bribery Charges

The Sandiganbayan canceled the P3 million fine imposed on former Cagayan de Oro City Congressman Constantino J. Jaraul and his co-accused as additional punishment for their convictions for illegal purchase of liquid fertilizers from 2003 to 2004.

“Despite the abundance of evidence presented, the prosecution failed to prove the exact amount the government suffered losses,” said the anti-corruption court’s 35-page resolution written by Associate Justice Arthur O. Malabagio and issued on Monday, November 4.

Thus, the court said that “there is inclined to reverse its previous decision that all convicted accused are jointly and severally liable in the sum of three million pesos (3,000,000 pesos)”.

Last July, Jaraula and his four co-accused were found guilty of violating the section 3(e) of Republic Act (RA) 3019, the Anti-Bribery and Corruption Act.

They were also convicted Department of Agriculture (DA) Budget Officer III Ma. Reyna Legaspi Lumantas, Accountant III Claudia Beros Artazo and Regional Technical Director Joel Semana Rudinas, and private individual Evelyn de Leon of the Philippine Social Development Fund, Inc. (PSDFI).

The anti-corruption court sentenced them to 6-10 years of imprisonment with indefinite disqualification from holding public positions; deprivation of their pension or remuneration under current legislation; and held them civilly and jointly and severally liable for the sum of P3 million for the improper implementation of the Farm Resources and Farm Equipment (FIFI) project in the lonely area of ​​Cagayan de Oro City.

On the other hand, the court acquitted all five accused of embezzlement of public funds under Article 217 of the updated Criminal Code (CPC).

The charges against them related to the illegal accreditation of the PSDFI, which led to the payment of £3 million in liquid fertilizer purchases to ghost farmer beneficiaries between December 2003 and July 2004.

They filed a motion for reconsideration. In its November 4 resolution, the Sandiganbayan partially granted the petition.

“Although all the elements of the violation of Section 3(e) of RA No. 3019 have been sufficiently proven by the prosecution, its evidence is insufficient to prove the amount of actual damage caused to the government,” the court said.

He explained that the convicts were acquitted of their allegations of abuse because the prosecution failed to prove the exact amount of damages caused to the government and there was no evidence that the fertilizers were not actually delivered to local government offices in Cagayan de Oro City.

“However, this cannot be taken as a presumption that the court finds that all 3,750 bottles of liquid organic fertilizers were delivered or that they were actually valued at eight hundred pesos (P800) each,” the Sandiganbayan stressed.