FORMER National Commission on Muslim Filipinos (NCMF) secretary Mehol Sadain and two executives of a private foundation have been given leave by the Sandiganbayan to seek outright dismissal of criminal charges filed against them in relation to the alleged mishandling the of P2.1 million Priority Development Assistance Fund (PDAF) of former Misamis Occ. Rep. Loreto Leo Ocampos.
The anti-graft court’s Second Division granted the separate motions filed by the defendants asking for leave of court to file a demurrer to evidence, a challenge to the sufficiency of the prosecution’s evidence to establish the elements of the criminal offenses charged.
Associate Justice Edgardo M. Caldona penned the October 4, 2024 resolution, with Associate Justices Geraldine Faith A. Econg and Arthur O. Malabaguio concurring.
Based on the 2022 indictments, the Ombudsman charged the accused with violation of the Anti-Graft and Corrupt Practices Act (RA 3019), malversation of public funds, and falsification by a public officer.
The charges alleged the government was defrauded of the PDAF sums which was first downloaded to the NCMF before being transferred to the Rich Islas de Filipinas Foundation Inc. (RIFFI) represented by defendants Josefina Candole and Jamie Ann Linsangan. Ocampos was likewise charged in all three cases.
Prosecutors said RIFFI, an “unqualified and bogus” NGO, received the P2.1 million taxpayers’ money but failed to implement the anti-poverty projects.
They highlighted the testimony of the alleged beneficiaries who stated under oath that they did not receive any training or livelihood kit from the NGO.
Still, Ocampos issued a Certificate of Completion attesting that the NGO performed its obligations in the Memorandum of Agreement signed with Sadain representing the NCMF.
The Sandiganbayan said it is inclined to grant the motions of the defendants.
“After a careful consideration of the arguments raised in their respective motions vis-a-vis those of the prosecution, the Court is convinced that the accused-movants Candole, Linsangan, and Sadain have adequately stated substantial and meritorious grounds,” the court said.
