Biazon to challenge conviction for graft
At risk of being permanently disqualified from assuming public posts, Muntinlupa City Mayor Rozzano “Ruffy” Biazon said he would contest the Sandiganbayan ruling that found him guilty of graft over the illegal diversion of P3 million from his pork barrel in 2007 when he served as a district representative of the same city.
Biazon’s spokesperson Mitchell-David Espiritu said the mayor’s legal team would exhaust all possible legal remedies, including the filing of a motion for reconsideration, to seek a reversal of the antigraft court’s decision.
“We know that this is part of due process, so with full respect and faith we will use all possible legal remedies. We will file a Motion for Reconsideration to request that the Sandiganbayan reconsider the decision, and we will continue to pursue legal steps to completely clear his name,” he said.
For now, Biazon will continue to carry out his duties as city mayor as the decision is “not yet final,” Espiritu said.
The Sandiganbayan’s Special Seventh Division, in a 191-page decision on Friday, also convicted former Deputy director General Dennis Cunanan and program manager Maria Rosalinda Lacsamana of the abolished Technology Resource Center (TRC), as well as businesswoman Janet Lim-Napoles.
Evelyn De Leon, who was the president of Napoles-controlled Philippine Social Development Foundation, Inc. (PSDFI), was also found guilty of the same charge.
The court sentenced them to a prison term of up to eight years. The convictions, if and when they become final and executory, also permanently disqualify them from public office.
Immediate impact
The disqualification penalty has the most immediate impact on Biazon as he just won a second straight term as mayor of Muntinlupa City in the May polls. He ran unopposed and got more than 209,000 votes, based on the partial and unofficial data from the Commission on Elections.
Biazon and the rest of his co-accused, however, were acquitted of malversation, with the court saying that the daily disbursement reports (DDRs) found in the external hard drive of Benhur Luy, associate and cousin of Napoles, were unverified.
“The non-authentication of the DDR entries provided the unintended gap in the evidence which provided reasonable doubt for all the accused,” the Sandiganbayan said.
But in determining guilt for Biazon, the court asserted that his endorsement of PSDFI, without proper vetting, to become the “lead agency” in implementing his livelihood project “came in as a directive” to TRC.
“Biazon’s concomitant failure to vet PSDFI which he chose to implement his [Priority Development Assistance Fund (PDAF)] project made it possible for a patently unqualified NGO like PSDFI to get hold of his PDAF funds,” it said.
In fact, the court added, TRC should be the lead implementer as stipulated in the 2007 General Appropriations Act (GAA).
The move to tap a Napoles-affiliated nongovernment organization (NGO) also violated Commission on Audit rules.
The court cited witnesses who denied signing attendance sheets or receiving any livelihood kits under his program.
“Even if Biazon can prove that similar seminars … were conducted in Muntinlupa under his sponsorship, the conduct of these seminars is irrelevant if they were not funded by Saro (Special Allotment Release Order) No. 07-07433, which is the subject matter of these cases,” the Sandiganbayan said.
