Sandiganbayan acquits Napoles, Masbate gov of plunder in P112-M pork barrel case

The Sandiganbayan has acquitted Janet Napoles, former Masbate representative and now Masbate Governor Rizalina Lanete, and Lanete’s former chief-of-staff Jose Rosalinda Sumalpong of plunder over the misuse of Lanete’s P112-million priority development assistance fund.

“While evidence of Napoles' involvement and participation may be gleaned, the prosecution failed to prove that Lanete and Napoles ever met to discuss the scheme. Lanete was never personally seen by any prosecution witness at the offices of Napoles or JLN Corporation,” the Sandiganbayan said in an October 24 unanimous decision.

"She was not observed attending any events, such as parties or masses, organized by Napoles. This lack of direct physical presence or personal interaction with Napoles, as testified by Luy, casts doubt on the extent of Lanete's personal involvement in the alleged scheme," it added.

The Sandiganbayan said documents presented by the prosecution showing Lanete’s signatures cannot be taken as gospel truth since the prosecution witness Benhur Luy has admitted to forging signatures of Lanete.

“Lanete has consistently and unequivocally stated that her signatures on the endorsement letters, MOAs (memorandum of agreements), and liquidation reports were forged," the Sandiganbayan said.

"This claim is not without basis, as Luy himself admitted under oath that he forged Lanete's signature on the MOAs and liquidation documents. Such an admission raises serious doubts about the authenticity and reliability of the documentary evidence relied upon by the prosecution,” it added.

In addition, the Sandiganbayan said endorsing PDAF’s transfer to a Napoles-owned NGO is not automatically criminal in nature, even when done repeatedly.

“The repeated endorsements of NGOs, absent proof of Lanete's knowledge of their lack of track record or involvement in ghost projects, cannot be equated with criminal intent," the court said.

"Assuming arguendo that Lanete did sign the endorsement of the NGOS, it must be emphasized that an act of endorsement, per se, does not constitute criminal intent nor establish participation in a fraudulent scheme,” it added.

The anti-graft court said that without clear proof that the endorser had actual knowledge of the fraudulent character of the NGOs or the fictitious nature of the projects, such endorsements cannot be deemed as criminal acts.

“The prosecution has failed to demonstrate that Lanete's endorsements were anything more than routine actions performed in good faith," the Sandiganbayan said.

"The absence of any direct involvement in the implementation, monitoring, or liquidation of the projects further negates any inference of criminal design,” it added.

“To impute criminal liability solely based on the endorsements—especially when the authenticity of the documents is in question and the signatures therein were admittedly forged—would be manifestly unjust," the court said.

"Further, COA's findings do not prove Lanete's guilt, especially in the absence of any showing that she exercised control over the implementation of the project and disbursement of funds,” it added.

The Sandiganbayan cited that after deducting all excluded or unsubstantiated amounts, the total sum allegedly established by the prosecution stands at only P30.75 million or short of the plunder threshold.

"This figure is well below the P50 million threshold mandated by Section 2 of R.A. No. 7080. (Plunder law). The threshold amount is an indispensable element of the offense. Without proof that the accused amassed ill-gotten wealth amounting to at least P50 million, the essential element of plunder is not met," the Sandiganbayan said.

The Sandiganbayan, however, still ordered Napoles to return P107 million of public funds with interest of 6% per annum reckoned from the finality of this decision until full payment, by way of civil liability since this is the amount that the Napoles-run entities received off Lanete's PDAF.

Under the same October 24 decision, the Sandiganbayan also found Napoles guilty in seven counts of graft over the misuse of Lanete’s PDAF.

Each graft conviction carries a jail time of six to eight years and imposes a penalty of perpetual disqualification from holding public office.

Lanete and Sumalpong, however, were all cleared in all the 11 counts of graft charges filed against them over the misuse of Lanete’s PDAF.

“What was imputed against Lanete, and which the prosecution endeavored to prove, is that she influenced or intervened in the implementation of her PDAF projects by endorsing bogus NGOs to the IAs (implementing agencies)," the Sandiganbayan said.

"However, such endorsements being "merely recommendatory," the discretion to engage with those NGOs, along with the concomitant liability, lies with the IAs. It was the responsibility of the IAs to carry out the projects of the legislators, even without collaborating with any NGOs,” it added.

“In fact, the GAAs (General Appropriations Act) for the relevant years do not mention or contemplate the participation of NGOS. Their involvement is not a prerequisite for implementing PDAF projects - the IAs had the prerogative not to heed Lanete's alleged endorsements,” the Sandiganbayan said. —NB, GMA Integrated News