SAN FERNANDO CITY, La
Union -- Former La Union 2nd District Representative Thomas De Lara Dumpit Jr.
has asked permission from the Sandiganbayan First Division to file a demurrer
to evidence in his graft and malversation case in relation to the Priority
Development Assistance Fund (PDAF) scam back in 2008.
A demurrer to
evidence is a motion to dismiss a case on the ground of insufficiency of
evidence. If the court grants it, then the case is dismissed. But if Dumpit
files his demurrer without leave of court, and it is eventually denied, then
that means he has waived his right to present his evidence.
In his
motion, Dumpit argued that the prosecution failed to prove beyond reasonable
doubt that he acted in conspiracy with his other co-accused. What the
prosecution presented, according to him, is nothing but “mere conjecture and
speculation.”
“First and
foremost, accused Dumpit… does not exercise control over the PDAF. The said
fund being under the control of the implementing agency, which in this case is
the National Agribusiness Corporation (NABCOR),” the motion read.
He likewise
requested that the presentation of defense evidence previously scheduled on May
21, 2019 and all other scheduled hearings be cancelled so as not to render his
motion “moot and academic.”
Dumpit was
earlier slapped with two counts of Section 3(e) of R.A. 3019 or the Anti-Graft
and Corrupt Practices Act and another two counts of Article 217, in relation
with Articles 48 and 171(e) of the Revised Penal Code, also known as
Malversation through Falsification of Public Documents.
This was in
relation to the reportedly anomalous use of his P14.55-million PDAF, which was
supposed to fund livelihood projects for farmers in his district.
The former
lawmaker was accused together with NABCOR officials Alan Javellana, Rhodora
Mendoza, Romulo Relevo, Ma. Julie Villaralvo-Johnson, and Kasangga sa Magandang
Bukas Foundation Inc. (KMBFI) President Marilou Antonio.
Dumpit chose
and endorsed KMBFI, a non-government organization (NGO), as project partner for
his PDAF-funded projects “in disregard of the appropriation law and its
implementing rules, without the benefit of public bidding,” his charge sheet
stated. The NGO was also unqualified to undertake the projects.
Dumpit and
NABCOR’s Javellana then entered into a memorandum of agreement with KMBFI and
released the amounts of P13,095,000 and P1,455,000 on two separate occasions
“without having carefully examined and verified the accreditation and
qualifications of KMBFI.”
As a result,
Dumpit and the accused public officials caused undue injury to the government
since the livelihood projects turned out to be non-existent.
Instead of
using the PDAF-drawn public funds to finance the livelihood projects, the
accused made falsified reports and documents just so the money can be released
and the KMBFI unduly profited from the entire fictitious scheme.
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