MANILA – The Sandiganbayan has acquitted former Quezon 2nd District congressman Proceso Alcala of graft, malversation and falsification charges over alleged anomalies involving pork barrel funds amounting to PHP6 million.
The anti-graft court First Division, however, found Alcala civilly liable “for his negligence in the strict and improper implementation of the project funded by his Priority Development Assistance Fund (PDAF).”
"He is ordered to pay the government the amount of PHP6.05million," read a portion of the 89-page decision dated March 20 and made public Tuesday.
Alcala was charged for endorsing the registration of a non-governmental organization (NGO), the Economic and Social Cooperation for Local Development Foundation Inc. (Ecosoc), as project partner in implementing a financial assistance /livelihood program for his constituents to be funded by his PDAF.
The amount was subsequently disbursed in three tranches in March and June 2007.
The prosecution said the NGO turned out to be fictitious as the intended beneficiaries did not receive the financial assistance.
In clearing Alcala of the three grave charges, the court said the endorsement of Ecosoc does not immediately make him criminally liable.
"(T)hat endorsement does not carry with it a peremptory directive to approve the same. As has been discussed, the discretion and decision to deny or grant Ecosoc's application for registration, including the processing of the same, as well as the release of the said funds in whole or in part, lies with the Department of Social Welfare and Development (DSWD), as the implementing agency, and not Alcala," the court said.
A certain Roberto Solon, who represented himself as the executive director of Ecosoc, was a signatory in the memorandum of agreement which also included then-DSWD Secretary Esperanza Cabral.
Alcala’s endorsement was issued without verifying the authenticity of the documents, like liquidation reports, hotel rates, photos and list of intended beneficiaries.
Investigators later found that none of the 50 named beneficiaries received the capital assistance of PHP120,000, four denied their signatures in disbursement vouchers, while others did not respond to the government audit team's confirmation letters. (PNA)
