Dumpit was earlier slapped with two counts of Section 3 of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and another two counts of Article 217, in relation with Articles 48 and 171 of the Revised Penal Code, also known as Malversation through Falsification of Public Documents.
In his demurrer, Dumpit argued that the prosecution failed in proving all the allegations of the crimes charged and his acts of conspiracy with his co-accused. Dumpit and NABCOR’s Javellana then entered into a memorandum of agreement with KMBFI and released the amounts of P13,095,000 and P1,455,000 in two separate occasions “without having carefully examined and verified the accreditation and qualifications of KMBFI.”
At the same time, the letters to former Speaker of the House of Representatives Prospero Nograles and the former Secretary of Agriculture Arthur C. Yap that bore his signature, even if genuine, failed to substantiate that he chose and requested KMBFI as project partner. “He was not a party to or a signatory of the two MOAs between NABCOR and KMBFI. Not evidence was likewise presented showing that he had a palpably and patently fraudulent and dishonest purpose showing evident bad faith. Further, he did not act with gross inexcusable negligence in the release of the fund to KMBFI or the implementation of the project,” it added.
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