The Sandiganbayan has denied the motion for reconsideration of former Department of Agrarian Reform (DAR) undersecretary Jerry Pacturan challenging his conviction for 10 counts of malversation of public funds in connection with non-existent projects for farmers.
The anti-graft court’s Sixth Division earlier cleared Pacturan of graft over the ghost projects, but it convicted him for malversation, saying his negligence allowed DAR funds to go to unqualified non-government organizations.
Pacturan was a co-accused of businesswoman Janet Napoles, who was convicted of 10 counts of malversation and 10 counts of graft.
Private defendant Evelyn de Leon, an NGO officer, was also convicted of three counts of graft.
In his motion for reconsideration, Pacturan contested the ruling that he acted with gross inexcusable negligence in signing the Memoranda of Agreement with each of the NGOs that received the funds.
He said he had exerted diligence before signing the documents by validating these with established DAR officials. He said he was given assurance that he was authorized to sign the MOAs and that these were compliant with the DAR requirements.
He also said his acts were not motivated by some fraudulent or dishonest purpose.
But the Sandiganbayan said Pacturan’s arguments were the same ones he advanced during the trial, which had been addressed.
It cited its earlier ruling that he cannot pass the blame to his subordinates or other DAR officials
It said an approving officer is still expected to perform basic verification procedures to inquire into the legality and regularity of a transaction.
The court also said his acquittal for graft is not inconsistent with this conviction for malversation.
It said that for malversation, it is sufficient that there is proof beyond reasonable doubt that the official, through reckless negligence, permitted another person to take public funds.
“As discussed in the assailed Judgment, the prosecution proved beyond reasonable doubt that accused Pacturan, through his gross inexcusable negligence, permitted the NGOs, and ultimately, accused Napoles, to take the DAR’s funds,” it said in the resolution penned by Associate Justice Sarah Jane Fernandez.