Ex-DSWD official guilty of misusing P5-M ‘pork’

MANILA, Philippines — The Sandiganbayan has found a former Department of Social Welfare and Development (DSWD) official guilty of graft and malversation over the misuse of P5 million in “pork barrel” funds intended for low-income Pasay City residents in 2007.

In a decision promulgated on Oct. 1, the court’s Fifth Division found Honorita Bayudan guilty beyond reasonable doubt of violating Section 3(e) of Republic Act No. 3019, or the Antigraft and Corrupt Practices Act, and malversation of public funds.

The former director of the DSWD-National Capital Region (NCR) was sentenced to a maximum of 10 years imprisonment for graft and a maximum of 18 years for malversation. She was also ordered to pay a fine of P5 million, representing the amount malversed.

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The court noted that the case stemmed from the misuse of the Priority Development Assistance Fund (PDAF) allocated to former Pasay Rep. Consuelo Dy.

According to the decision, Dy had a PDAF allocation worth P8 million for the first tranche of fiscal year 2007. The amount was released to the DSWD-NCR to be used for the implementation of its Comprehensive Integrated Delivery of Social Services (CIDSS) project.

The court said that Dy and the DSWD-NCR, represented by Bayudan, entered into a memorandum of agreement (MOA) with Unlad Pinoy Organization Inc. (UPOI) for the implementation of the project in Pasay City.

The project sought to provide various skills training and livelihood assistance to indigent residents from January to March 2007, with a P5 million funding.

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The budget was supposed to be released in two tranches: 30 percent upon approval and signing of the MOA, and 70 percent upon submission of an accomplishment report or inspection by the DSWD-NCR.

However, the court said the DSWD-NCR released the total amount of P5 million to UPOI all on the same day, with Bayudan’s approval.

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‘Glaring irregularities’

The field investigation office of the Office of the Ombudsman and the Commission on Audit (COA) then conducted validation and verification on the transactions involving the fund, and found that its transfer to UPOI violated the MOA as well as the rules on the transfer of funds to nongovernment organizations (NGO).

The Ombudsman and COA also found that the “legal and physical existence of UPOI as well as its suppliers,” and the “reported distribution of financial assistance and conduct of trainings” were questionable.

Following these findings, the Ombudsman filed a complaint for graft and malversation against Bayudan.

In its ruling, the court said Bayudan “committed glaring irregularities that reflect manifest partiality and evident bad faith on her part, or at the very least, gross inexcusable negligence” during her involvement in the execution of the MOA, transfer of funds, and implementation and monitoring of the CIDDS project.

The court questioned why UPOI was chosen to conduct the project when it was not an accredited NGO based on the guidelines under Section 3.3 of COA Circular No. 96-003. In addition, it was registered with the Securities and Exchange Commission only a few days before the MOA’s execution.

The court added that such execution was “procedurally infirm” as only Bayudan’s name and signature appeared on the agreement and it was not signed by the PDAF focal person and the officer in charge of the DSWD-NCR’s Standards Unit.

Moreover, the court said the transfer of funds to UPOI was “not in accordance with COA Circular 96-2003 and the MOA.”

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The actual implementation of the project was also found “questionable,” with several barangay officials testifying that no such workshop program or training was ever conducted in their area. /cb