Philippine Supreme Court Affirms Graft Conviction of Ex-NABCOR Employee Over P4.85-Million PDAF Release
Key Takeaways
- •The Supreme Court dismissed the appeal of former NABCOR technical specialist Dennis G. Lozada, affirming his graft conviction for gross inexcusable negligence over the release of P4.85 million in public funds.
- •The case centered on two disbursement vouchers Lozada signed in 2008, which enabled the release of funds to the Center for Mindoro Integrated Development Foundation under a Batangas lawmaker's PDAF allocation.
- •The court held that acting on a superior's instruction does not exempt officials from verifying supporting documents, particularly when irregularities are apparent in projects over which they have no authority.
- •State auditors found the transactions lacked required feasibility studies, fund utilization reports, receipts, and invoices needed to justify the release of government money.
- •The ruling upheld the Sandiganbayan's sentence of six years and one month to eight years of imprisonment, along with perpetual disqualification from holding any public office.
The Philippine Supreme Court has affirmed the graft conviction of a former employee of state-owned National Agribusiness Corp. (NABCOR), finding that his gross inexcusable negligence led to the improper disbursement of P4.85 million in public funds.
In a decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the High Court dismissed the appeal of Dennis G. Lozada, a former technical specialist at the government-owned corporation.
The case stemmed from Mr. Lozada's signing of two disbursement vouchers in 2008, which facilitated the release of funds to the Center for Mindoro Integrated Development Foundation, Inc. under the Priority Development Assistance Fund (PDAF) of a Batangas lawmaker. The PDAF — a discretionary congressional allocation commonly known as pork barrel that the Supreme Court itself struck down as unconstitutional in 2013 — at the center of the case.
"Blindly signing upon a superior's instruction, without verifying the supporting documents despite such duty, may constitute gross inexcusable negligence, especially when the officer had no authority over the project where irregularities were apparent," the ruling, dated June 9 and made public on Monday, stated.
According to the decision, Mr. Lozada contended that he acted in good faith on the instructions of his immediate supervisor, citing pressing work demands and alleged heavy pressure from higher officials. The rejection of that defense carries the ruling's broader lesson for career personnel in government-owned corporations: an order from above does not, on its own, erase the duty to verify supporting documents before certifying that public money may be released.
State auditors, however, found that the transactions lacked the required project feasibility studies, fund utilization reports, receipts, and invoices needed to justify the release of government money.
The High Court stressed that public officials are constitutionally mandated to uphold public trust and must exercise reasonable diligence before certifying that expenses are lawful and legally necessary.
The ruling upheld the decision of the Sandiganbayan, the country's anti-graft court, sentencing Mr. Lozada to six years and one month to eight years of imprisonment, along with perpetual disqualification from holding any public office.
Source: BusinessWorld — Erika Mae P. Sinaking
