The Sandiganbayan has absolved ex-Department of Agriculture secretary Proceso Alcala of a graft charge involving P13.5 million of government funds illegally given to an ineligible farmers’ foundation.
In a 40-page decision, the anti-graft court’s Sixth Division cleared Alcala of violating the Anti-Graft and Corrupt Practices Act (RA 3019) purely on reasonable doubt.
His co-accused, Laureano Mañalac, however, then-DA head executive assistant, was found guilty of violating the same provision of the law. He was meted up to 10 years behind bars and was permanently barred from holding public office.
On top of the conviction, the court ordered him to pay P13.5 million, representing the sum paid to Isa Akong Magsasaka Foundation Inc. or IAMFI.
Filed by the Ombudsman in 2018, the case stemmed from the irregular accreditation of IAMFI as a DA development partner for the construction of the Quezon Corn Trading and Processing Center at P13.5 million in 2012.
Investigation revealed that IAMFI, which was an ineligible foundation but applied to become a development partner of the DA in May 2011, was controlled by Mañalac.
Alcala was accused of conniving with Mañalac to release P13.5 million to IAMFI’s former president, Bautista Ella. State prosecutors said the DA’s erstwhile officials gave the IAMFI unwarranted benefit, advantage, or preference.
On 17 July 2019, the Sandiganbayan dismissed the case against Ella owing to his passing.
Authenticated document
The prosecution’s investigation further revealed that IAMFI submitted together with its application for accreditation an authenticated articles of incorporation, concealing that Mañalac is an incorporator, which was in violation of the Commission on Audit Circular 2007-001, and was “highly irregular.”
According to the prosecutors, the DA fell short when it failed to investigate its unlawful grant of P13.5 million in funding to the IAMFI, to which it is not entitled to.
“The government suffered undue injury in the amount of P13,500,000, which was illegally given to the IAMFI due to the acts of Manalac. Instead of giving the funds to a qualified foundation, it was given to one ineligible being controlled by Mañalac,” the Sandiganbayan said, brushing off the accused claim that the sum was legally awarded to the foundation.
In acquitting Alcala, the anti-graft court ruled that despite the prosecution’s serious efforts, it failed to prove that the ex-DA secretary violated RA 3019.
“The court, however, is compelled on reasonable doubts grounds to acquit Alcala of the crime as he claims to have relied on multiple layers of review by his subordinates.”
Further, it ruled that “no evident bad faith” could be attributed to Alcala in accrediting and signing the memorandum of agreement with IAMFI; instead, it found that all the offense elements have been proven beyond reasonable doubt in the case of Mañalac.
According to the Sandiganbayan, it was “very clear that Mañalac was involved in the processing of the proposal of IAMFI.”
Mañalac, who resigned from the DA on 30 September 2012, was “immaterial” and “will not serve to exculpate him,” the court said.
“Even with Mañalac’s departure from the DA, the proposal would continue to go through the application process in view of the PMO’s positive preliminary recommendation,” it added.