MANILA— The Sandiganbayan has convicted former Department of Social Welfare and Development (DSWD) regional director Honorita Bayudan of graft and malversation in connection with the alleged misuse of a Priority Development Assistance Fund (PDAF) allocation in 2007.

In an 88-page ruling issued by its Fifth Division, the anti-graft court sentenced Bayudan to six to 10 years of imprisonment for graft and 14 to 18 years for malversation of public funds. She was also perpetually disqualified from holding public office.

The court ordered Bayudan to pay a fine of P5 million, equivalent to the amount found to have been malversed, and another P5 million to the government, with interest of 6 percent per annum until the decision becomes final. She was likewise directed to return her retirement benefits.

“The court acknowledges the plight of the accused who may be bearing the consequences not only of her acts but also that of her subordinates,” the Sandiganbayan said.

“Nonetheless, the laws under which the accused was charged are clear. ‘Dura lex sed lex.’ The law may be harsh but that is the law. This court has therefore no other option but to apply the same,” it added.

The case involved the P8-million PDAF allocation of former Pasay representative Consuelo Dy for the first tranche of Fiscal Year 2007, intended for the Comprehensive Integrated Delivery of Social Services (CIDSS) project of the DSWD-National Capital Region.

Records showed that the DSWD-NCR, represented by Bayudan, entered into a memorandum of agreement (MOA) with Dy and Unlad Pinoy Organization Inc. (UPOI) for the implementation of the project, which included skills training and livelihood assistance for indigent residents of Pasay City.

In its decision, the Sandiganbayan found that Bayudan acted with manifest partiality, evident bad faith, and gross inexcusable negligence.

The court said Bayudan had direct participation in the registration of UPOI as a social welfare and development agency, the execution of the MOA, the transfer of funds, and the implementation and monitoring of the project.

“In this entire process, the court found accused Bayudan to have committed glaring irregularities that reflect manifest partiality and evident bad faith on her part, or at the very least, gross inexcusable negligence,” it said.

The anti-graft court noted that the release of funds to UPOI did not comply with the provisions of the memorandum of agreement and a Commission on Audit circular.

“Despite this, accused Bayudan allowed it to happen,” it said.

According to the court, the MOA presented to Bayudan lacked the names and signatures of required signatories and was undated and unnotarized, contrary to the PDAF utilization and management workflow.

The court said Bayudan should have referred the agreement back to the Standards Unit upon discovering irregularities.

The Sandiganbayan also pointed to the release of P5 million to UPOI on March 29, 2007, even though the project funds were supposed to be released in staggered tranches.

Bayudan signed two disbursement vouchers that resulted in the release of P1.5 million and P3.5 million on the same day.

The court also found that UPOI’s registration was attended by irregularities, noting that the organization was incorporated with the Securities and Exchange Commission only in February 2007, shortly before the agreement was signed.

It added that UPOI was neither licensed nor accredited by the DSWD, and that Bayudan approved its registration based only on an assessment report.

The Sandiganbayan further ruled that Bayudan failed to monitor the implementation of the project as required under the agreement and her duties as DSWD-NCR regional director.

“Nonetheless, accused Bayudan failed to do so. She chose to leave UPOI free from scrutiny and did not actively perform her duties under the MOA and as Regional Director of DSWD-NCR,” it said.

“Without a doubt, these acts show that accused Bayudan’s negligence is not merely simple but gross and inexcusable, considering her position and the circumstances mentioned above,” it added.