Former Bukidnon 1st district congressman Jose Romeo Nereus Acosta and his mother, former mayor Socorro Acosta, were convicted by the Sandiganbayan for the illegal utilization of his P5.5million Priority Development Assistance Fund in 2002. Representative Acosta was found guilty of violating Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) while mayor Acosta was found guilty of violating both Sections 3(e) and 3 (h) of R.A. No. 3019.
They were both sentenced to suffer imprisonment ranging from six years and one month to 10 years for each count and were meted the accessory penalties of perpetual disqualification from holding public office.
Ombudsman prosecutors successfully proved that representative Acosta authorized the transfer of P5.5million to the Bukidnon Vegetable Producers Cooperative (BVPC), a non-government organization controlled by the Acosta family.
In the Decision, the Sandiganbayan stated that “there was no specific justification or reasons given as to why BVPC was chosen [as] recipient of the P5.5million” and that “there was no memorandum of agreement or anything in writing between the municipality of Manolo Fortich and BVPC defining the terms and conditions of the transfer and use” of the fund.
“It becomes obvious therefore that the main consideration why the accused J.R. Acosta and Socorro Acosta worked for the release of the P5.5 million to BVPC is because BVPC is a cooperative formed and organized by, among others, Juan Acosta, Socorro Acosta and Ma. Nemia Bornidor, father, mother and aunt, respectively, of accused J.R. Acosta,” the Decision added.
Section 3 (e) of RA 3019 penalizes any public officer who, in the discharge of official function, acted with manifest partiality, evident bad faith or gross inexcusable negligence thus causing undue injury to the government or giving unwarranted benefit, advantage or preference to any private party. On the other hand, Section 3(h) prohibits a public official from having any direct or indirect financial or pecuniary interest in any business, contract or transaction in which he takes part in his official capacity. ###