Ex-CDO lawmaker gets 10 years over fertilizer scam

MANILA, Philippines — The Sandiganbayan has sentenced former Cagayan de Oro City representative Constantino Jaraula to up to 10 years in prison for graft in connection with the 2004 fertilizer scam.

In a 77-page decision promulgated on July 8, the court’s Second Division has found Jaraula guilty of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, a provision that prohibits a public official from giving unwarranted benefits to a private party or from causing any party, including the government, undue injury.

Aside from Jaraula, also found guilty of the same offense were three former officials of the Department of Agriculture (DA) Region 10 – budget officer Reina Lumantas, accountant Claudia Artazo and regional technical director Joel Rudinas.

Likewise, found guilty of the same offense was private respondent Evelyn de Leon, president of the non-government organization (NGO) Philippine Social Development Foundation Inc. (PSDFI).

They were sentenced to a minimum of six years and one month to a maximum of 10 years of imprisonment with the accessory penalties of perpetual disqualification from holding public office and forfeiture of all retirement and gratuity benefits.

Furthermore, the Second Division ordered Jaraula and the four other convicted accused to jointly pay the government a total of P3 million in civil liability, with an interest rate of six percent per year from the date of finality of the decision until fully paid.

Meanwhile, the same division has acquitted Jaraula and the four co-accused of malversation of public funds under Article 217 of the Revised Penal Code for the failure of the prosecution to present sufficient evidence to prove their guilt beyond reasonable doubt.

Filed by the Office of the Ombudsman in 2018, the cases stemmed from Jaraula’s release of fund amounting to P3 million to PSDFI in 2004 for the supposed distribution of fertilizer to poor farmers in his district, in connection with the implementation of the DA’s Ginintuang Masaganang Ani Farm Inputs and Farm Implements Program (GMA-FIFIP).

The ombudsman said Jaraula entered into a memorandum of agreement with PSDFI even when the NGO had no source of funds or income as it only existed through donations.

In convicting Jaraula and his four co-accused, the Second Division said the ombudsman’s prosecution panel was able to sufficiently establish the conspiracy among them to favor PSDFI despite its questionable track record and qualifications.

As for then-DA regional officials, the court said that while they argued that they had no participation in the selection of PSDFI to be the project implementer, “it cannot be denied that they were the ones who facilitated the preparation of the requirements for the release of the funds and despite their knowledge of the insufficiency thereof.”

“Through their acts, PSDFI was able to get hold of the amount of P3,000,000 to the damage and prejudice of the government,” the Second Division said.

In 2004, several local government units purchased fertilizers as part of the implementation of the DA’s GMA-FIFIP, later dubbed the “fertilizer fund scam” as the funds were allegedly allocated to the 2004 presidential bid of now-Pampanga Rep. Gloria Macapagal-Arroyo, in which she was later cleared by the ombudsman from any involvement in the scam.