Napoles gets reclusion perpetua anew after Sandiganbayan convicts her for malversation

The Sandiganbayan Special Third Division has sentenced Janet Lim Napoles to reclusion perpetua again – or up to 80 years in prison – for two counts of malversation of public funds in connection to the unlawful use of the Priority Development Assistance Fund (PDAF) of a former congressman.

In a 165-page decision promulgated on November 21, the anti-graft court found Napoles and several others guilty of malversation of public funds of the late ex-Benguet Rep. Samuel Dangwa totaling P19 million.

Under the law, individuals involved in malversation of public funds may be meted a sentence of reclusion perpetua if the amount involved exceeds P8,800,000.

The prison term for reclusion perpetua ranges from 20 years and one day up to 40 years.

The cases against Dangwa and three others were dismissed by reason of their death, according to the decision penned by Associate Justice Ronald Moreno, chair of the Sandiganbayan’s Special Third Division.

In one case involving P10 million worth of Dangwa’s PDAF, also convicted with Napoles were Dennis Cunanan, former deputy director of the state-run Technology Resource Center (TRC), and Mylene Encarnacion, president of the Countrywide Agri and Rural Economic Development (CARED) Foundation, Inc.

The anti-graft court also perpetually disqualified Cunanan from holding any public office. The three accused were also slapped with a fine of P10 million fine.

The three were also ordered to return and reimburse the P10 million to the government through the Bureau of the Treasury (BTr), which shall earn legal interest at the rate of 6% per annum computed from the finality of the decision until it is fully paid.

For the malversation case involving P9 million, the anti-graft court convicted Napoles and former National Livelihood Development Corporation (NLDC) president Gondelina Amata and imposed a penalty of reclusion perpetua.

The Sandiganbayan also barred Amata from holding any public office. 

Both Amata and Napoles were imposed a P9 million fine, and were held liable, jointly and severally, to return the P9 million to the BTr, which shall earn legal interest at the rate of 6% per year until it is fully paid.

In the other malversation cases, Napoles and several other accused were meted a penalty of reclusion temporal or up to 20 years imprisonment, and prision mayor or up to 12 years in prison. The anti-graft court also acquitted the other accused in the other cases as the prosecution failed to prove their guilt beyond reasonable doubt.

In 2018, Napoles was also sentenced to reclusion perpetua after she was found guilty for plunder. — JMA, GMA Integrated News