Napoles gets 66 to 102 years for ‘pork’ misuse

MANILA, Philippines — Businesswoman Janet Lim-Napoles was sentenced to 66 up to 102 years in prison for multiple counts of graft and malversation of public funds in connection with the alleged misuse of P20.91 million in Priority Development Assistance Fund (PDAF) or pork barrel of former South Cotabato Second District representative Arthur Pingoy Jr.

In a 57-page decision promulgated Oct. 20, the Sandiganbayan Special Second Division found Napoles guilty of four counts of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and another four counts of malversation of public funds under Article 2017 of the Revised Penal Code.

For the graft offense, she was sentenced to six up to 10 years of imprisonment for each count or a total of 24 to 40 years for the four cases.

For the malversation offense, she was sentenced to 10 up 12 years of imprisonment for one count, 12 up to 18 years for another count and 10 to 16 years for each of the remaining two counts or a total of 42 to 62 years for the four cases.

Aside from imprisonment, Napoles and her convicted co-accused were also ordered to individually or jointly reimburse the government a total of P20.91 million, equivalent to the amount of public funds found to have been malversed.

This was on top of another P20.91 million that they must jointly or individually pay in fines.

The court also ordered their perpetual disqualification from holding public office.

Convicted with Napoles for three counts of graft and three counts of malversation was fellow private respondent Evelyn de Leon, president of the alleged bogus non-government organization (NGO) Philippine Social Development Foundation Inc. (PSDFI).

Meanwhile, convicted with one count each of graft and malversation were officials of the abolished state firm, National Agribusiness Corp. (NABCOR) – vice-president Rhodora Mendoza, accounting division officer-in-charge Maria Niñez Guañizo and paralegal Victor Roman Cacal.

On the other hand, the court acquitted the primary accused, Pingoy, due to insufficient evidence against him.

In its decision, the Special Second Division said no witnesses or evidence were presented to prove that Pingoy received the kickbacks from Napoles.

“There is no sufficient evidence that Pingoy received kickbacks from Napoles through (former Energy Regulatory Commission chairperson Zenaida) Ducut. Even prosecution witness (Benhur) Luy admitted that he has never seen Pingoy, nor directly deliver to him any amount of money as kickbacks,” the court’s decision read.

Also acquitted due to insufficiency of evidence were former officials of the Department of Budget and Management: undersecretary Mario Relampagos, chief budget and management specialist Rosario Nuñez and administrative assistants Lalaine Paule and Marilou Bare.

Likewise acquitted were officials of the abolished state firm Technology Resource Center – group manager Francisco Figura, deputy director general Dennis Cunanan and chief accountant Marivic Jover.

Meanwhile, the cases against the other accused, TRC director general Antonio Ortiz, NABCOR president Alan Javellana and private respondents Noel Macha, John Raymund de Asis and John Bernardo of Social Development Program for Farmers Foundation Inc. (SDPFFI), were ordered temporarily archived as they remain at large.

The court said this is without prejudice to the cases’ revival upon their arrest or voluntary surrender.

The cases against Pingoy’s alleged bagman, Ducut, were earlier ordered temporarily archived as doctors confirmed that she is unfit to stand trial due to dementia.

Filed by the Office of the Ombudsman in 2016, the cases stemmed from the allocation of P20.91 million worth of PDAF of Pingoy from 2007 to 2009 to PSDFI and SDPFFI, the two bogus NGOs allegedly owned and controlled by Napoles, the alleged brains of the pork barrel scam.

The ombudsman alleged that Pingoy had unilaterally chosen Napoles’ NGOs to be the implementers of his PDAF-funded projects in exchange for P7.055 million in kickbacks.

The ombudsman said PSDFI and SDPFFI were chosen without the benefit of public bidding and despite the two foundations’ lack of qualifications and technical capabilities to carry out the projects.

The ombudsman also said its investigation revealed that none of the supposed projects such as financial assistance for farmers, livelihood materials and training were ever implemented.

As for Napoles, De Leon and the convicted officials of NABCOR, the court said the ombudsman’s prosecution panel was able to prove their conspiracy to facilitate the release of Pingoy’s PDAF to the two bogus NGOs.

“The prosecution had proven with moral certainty that the funds under the PDAF ended up in the hands and coffers of the PSDFI and SDPFFI, both NGOs which the prosecution clearly showed to be conduits of Napoles,” the court said.

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong City following her conviction for plunder in 2018 in connection with the misuse of P517 million in PDAF of Sen. Ramon Revilla Jr. Revilla was acquitted.