Sandiganbayan convicts Napoles, 3 others of graft, malversation

The Sandiganbayan has found Janet Napoles guilty of committing two counts of malversation of public funds and two counts of graft in connection with the misuse of P7.55 million worth of pork barrel or Priority Development Assistance Fund (PDAF) of former Davao del Sur lawmaker Mark Douglas Cagas IV.

The verdict, which was issued by the anti-graft court on Friday, sentenced Napoles to 10 to 16 years in prison for her malversation conviction under Case Number SB-16-CRM-0185 (involving P2.7M) and 10 to 18 years for her conviction for the same violation under Case Number SB-16-CRM-0186 (involving P4.85M).

Based on the criminal information filed by the government prosecutors, Cagas allocated P7.55 million of his PDAF to bogus non-government organizations (NGOs) allegedly owned by Napoles in 2008 during the following instances:

• P2.7 million to People’s Organization for Progress and Development Foundation Inc (POPDFI) via Special Allotment Release Order (SARO) and disbursement voucher (DV) processed and facilitated by the Department of Budget and Management (DBM) and Technonology Resource Center (TRC) officials in January 2008
• allocating P4.850 million to Napoles-owned NGO Social Development Program for Farmers Foundation Inc. (SDPFFI) for supposed agricultural packages, released through SARO and DV processed and facilitated by DBM and then state-run National Agri-Business Corporation (NABCOR)

Napoles’ co-accused

Aside from Napoles, former state-run TRC officials Dennis Cunanan, Rosalinda Lacsamana and ex-NABCOR official Rhodora Mendoza were also convicted of criminal charges over the unlawful use of Cagas’ P7.55 million PDAF.

Cunanan, Lacsamana and Mendoza were all found guilty in one count of graft and one count of malversation of public funds, prompting the anti-graft court to sentence each of them to six to 10 years in prison for their graft conviction and 10 to 14 years for their malversation conviction.

The anti-graft court also ordered Cunanan, Lacsamana and Napoles to solidarily pay a fine of P2.7 million fine which is equal to the amount malversed and to indemnify the government the same amount of P2.7 million, with legal interest of 6% per annum starting from the finality of the August 22 decision until full payment.

In addition, Mendoza and Napoles were also ordered by the anti-graft court to pay a fine of P4.85 million and to indemnify the government the amount of P4.85 million with 6 percent interest starting from the finality of the August 22 decision until full payment.

The other accused who were acquitted of the criminal charges “for failure of the prosecution to prove their guilt beyond reasonable doubt" are former budget officer Consuelo Lilian Espiritu, former TRC group manager Francisco Figura, former TRC chief accountant Marivic Jover, Napoles’ employee Jesus Castillo, former NABCOR employees Victor Roman Cacal and Maria Ninez-Guañizo, former Budget Undersecretary Mario Relampagos, former Budget department employees Rosario Nuñez, Marilou Bare, and Lalaine Paule.

As a result, the Sandiganbayan ordered the recall of the Hold Departure Orders issued against those who were cleared of the criminal liabilities. Their respective cash bonds were also ordered released by the anti-graft court subject to the usual accounting and auditing procedures.

Meanwhile, the cases against former Energy Regulatory Commission chairperson Zenaida Ducut, has been archived since criminal proceedings against her are suspended due to her medical condition. The cases will be revived when, as determined by a government physician, her medical condition allows her to stand trial.

The Sandiganbayan in 2022 approved a plea bargain between Cagas and state prosecutors involving the P7.55 million PDAF case which allowed the lawmaker to plead guilty to lesser offenses of two counts of fraud against public treasury and two counts of failure of an accountable officer to render accounts.

As a result, Cagas paid a fine of P10,000 for each count of fraud against the public treasury and P6,000 each for each count of failure of an accountable officer to render accounts for a total of P32,000. —LDF, GMA Integrated News