Sandiganbayan upholds Napoles graft conviction over PDAF misuse

The Sandiganbayan has affirmed its May 2023 decision finding businesswoman Janet Lim Napoles guilty on two counts of malversation and two counts of graft over pork barrel misuse.

The case involved the P7.6 million worth of discretionary fund of then Davao del Sur Representative Douglas Cagas.

In a 13-page resolution promulgated on August 8, 2023, the anti-graft court's Second Division denied the appeal of Napoles to reverse the decision for lack of merit.

The court said the testimony of prosecution witness and Napoles’ financial officer Benhur Luy was corroborated by Anti-Money Laundering Council representative Leigh Vhon Santos.

“The AMLC Inquiry Report complements the testimony of Luy that [non government organizations] CARED and PSDFI as well as several other non-government organizations involved in the PDAF scheme are owned, controlled, and/or  operated by accused Napoles, and that accused Napoles gave public officials commissions, rebates, or kickbacks for endorsing her NGOs to receive PDAF,” the Sandiganbayan said.

“It is crystal clear that there is adequate credible evidence, testimonial and documentary, warranting the conviction beyond reasonable doubt of accused-movant Napoles. On the other hand, there was no iota of proof that would directly contradict her established guilt. In fact, she did not even present any evidence in her defense,” the court added.

Each malversation conviction on the case carries a jail time of 12 to 17 years, among other penalties, while each graft conviction provides for a 6 to 10-year jail time, among other penalties.

Likewise, the Sandiganbayan rejected Napoles’ argument that the anti-graft court relied heavily on the Commission on Audit’s Special Audit Office (SAO) report on the Priority Development Assistance Fund, the official name of the pork barrel.

The  Sandiganbayan said that aside from the COA-SAO report, the testimonies of prosecution witnesses Luy and Mary Arlene Joyce Baltazar established Napoles’ participation in the alleged conspiracy.

Luy was financial officer of Napoles’ JLN corporation and various NGOs, while Baltazar was the bookkeeper of her corporations.  She was also designated by Napoles as president of Tanglaw Para sa Magsasaka Foundation.

“Prosecution witnesses Luy and Baltazar were clear, consistent and, in fact, in-depth on the matter of how they were related to her; as well as the corporation and NGOs which were established being under her control thus, making their testimonies credible,” the Sandiganbayan said.

“She has personal knowledge regarding Napoles’ control over the subject NGOs and foundations because Napoles made her employees, relatives and friends the presidents and trustees of these NGOs; the payments of all the expenses incurred by these NGOs came from Napoles; and some of the business addresses of these NGOs are properties of Napoles, including PSDFI,” the anti-graft court added.

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong city due to a plunder conviction.

In February 2021, the Sandiganbayan also convicted Napoles, former Cagayan de Oro representative Constantino Jaraula and three others on three counts of graft and three counts malversation charges for pocketing at least P19.2 million of the lawmaker's PDAF.  

Napoles has been sentenced to spend 12 to 18 years in jail, among other penalties, for each malversation conviction in the Jaraula case. Each of her graft conviction in the same case, meanwhile, carries a jail time of 6 to 10 years.—LDF, GMA Integrated News