Ex-Agusan Sur lawmaker, Napoles cleared of graft

MANILA, Philippines — The Sandiganbayan has acquitted former Agusan del Sur congressman Rodolfo Plaza and businesswoman Janet Lim-Napoles of graft and malversation in connection with the pork barrel scam.

Aside from Plaza and Napoles, the anti-graft court also cleared former officials of the Department of Budget and Management as well as two abolished state firms.

In a 234-page decision promulgated on Feb. 5, the Sandiganbayan said the Office of the Ombudsman failed to prove that Plaza, Napoles and their co-accused conspired to misuse the funds allocated to Plaza.

The court said the prosecution failed to prove that the money in the bank accounts of Plaza were part of the supposed kickbacks he allegedly received from Napoles.

Plaza and Napoles were each acquitted of five counts of violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and five counts of malversation of public funds as provided under Article 217 of the Revised Penal Code (RPC).

Despite her acquittal, Napoles will remain at the Correctional Institution for Women in Mandaluyong due to her conviction in a plunder case involving the priority development assistance fund (PDAF) of Sen. Bong Revilla Jr. in 2018.

Plaza was acquitted of two counts of direct bribery as provided under Article 210 of the RPC.

Aside from Napoles and Plaza, the anti-graft court cleared former budget undersecretary Mario Relampagos and his staff Marilou Bare, Rosario Nuñez and Lalaine Paule.

Also cleared of graft and malversation charges were former officials of the abolished National Agribusiness Corp. and National Livelihood Development Corp.

Also acquitted of similar charges were private respondents Nitz Cabilao and Filipina Rodriguez.

Filed by the ombudsman in 2015, the cases stemmed from the alleged misuse of P27.5 million in PDAF of Plaza from 2008 to 2009.