Ombudsman fails to pin Napoles for plunder

The Sandiganbayan yesterday convicted Janet Lim Napoles of nine counts of corruption of a public official, but acquitted her of plunder over the so-called "pork barrel fund scandal."

Likewise found guilty of nine counts of direct bribery by the Sandiganbayan's Fifth Division was former Association of Philippine Electric Cooperatives Partylist Rep. Edgar Valdez.

The convictions were in relation to the misuse of lawmakers' Priority Development Assistance Fund or PDAF.

Napoles and Valdez were each sentenced to imprisonment of two years and four months up to six years and one day, and were each meted out a fine of P26,996,700.

The cases stemmed from the charges of plunder filed by the National Bureau of Investigation and the Office of the Ombudsman, which alleged that five lawmakers, including Valdez, channeled their PDAFs to Napoles' fake non-government organizations in exchange for kickbacks.

According to the information filed by the Ombudsman, Valdez received P56 million in kickbacks from Napoles. The amount was over the P50-million threshold for the crime of plunder.

Lacking evidence

Former senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada, as well as former representative Rizalina Seachon-Lanete, were among the other lawmakers accused of plunder in connection with the pork barrel scam.

Revilla was acquitted in 2018 but the cases against the others are still pending before the Sandiganbayan. Enrile, Estrada and Seachon-Lanete were granted bail.

The dispositive portion of the Sandiganbayan's ruling said the evidence to prove plunder against Napoles and Valdez was lacking.

"The Court finds accused Edgar de Leon Valdez and Janet Lim Napoles not guilty of plunder due to insufficient evidence proving that they had, through conspiracy, amassed, accumulated, and or acquired at least 50 million pesos of PDAF funds through kickbacks and/or commissions," the decision read in part.

Valdez was allowed to post bail in 2016 after the Fifth Division said the prosecution was only able to prove that Valdez received P2.6 million, and not P56 million, in kickbacks from a foundation belonging to Napoles, who was dubbed the "pork barrel queen."

The division rejected Napoles' request for the court to accept her belatedly filed memorandum that cited whistleblower Benhur Luy's testimony in a different graft case, where he allegedly acknowledged that the funds in this case were not from PDAF.

The 108-page Sandiganbayan decision was per curiam, meaning, not one justice from the anti-graft court's Fifth Division penned the ruling.

The per curiam decision was signed by Associate Justice and Division Chairperson Rafael Lagos, and Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac.

Previous acquittals

Napoles attended through videoconference, while Valdez was physically present in court on Monday morning. Napoles is currently serving prior convictions.

Last May, the Sandiganbayan First Division acquitted Napoles of graft in 16 PDAF cases. Napoles and Revilla were charged with the crimes in 2014.

In 2018, the court ruled in favor of Napoles and against Revilla in the plunder case. In 2021, after filing a demurrer to evidence in both graft instances, Revilla was exonerated.

The court ruled that the liability of the accused could no longer be determined because they were included in the plunder case for which they were already prosecuted.

The charges of plunder against Revilla, his former political officer Atty. Richard Cambe, and Napoles also constituted graft because they were based on "predicate acts," the court said.

The resolution was written by Associate Justice Geraldine Faith Econg and adopted by Division chairperson Efren dela Cruz and Associate Justice Arthur Malabaguio.

Same proof

"This fact became even more apparent after the presentation of the same testimonial and documentary evidence in both cases," the resolution read.

Those acquitted in that case were Gondelina Amata, Ofelia Ordoez, Sofia Cruz, Evelyn Sucgang, Francisco Figura, Ma. Rosalinda Lacsamana, Marivic Jover, Consuelo Lilian Espiritu, Victor Roman Cacal and Maria Ninez Guanizo.

Dennis Cunanan, Gregoria Buenaventura, Rhodora Mendoza, Evelyn de Leon, Laarni Uy and Jocelyn Piorato were found guilty and sentenced to prison terms ranging from 6 to 8 years, and were permanently barred from holding public office.

Cambe, Eulogio Rodriguez and Emmanuel Alexis Sevidal had their cases dropped after they passed away.

Still another case

Napoles was found guilty of two charges of graft and two counts of malversation in another batch of PDAF proceedings involving the late Davao del Sur representative Douglas Cagas.

The Sandiganbayan 2nd Division observed in a ruling released on 19 May 2023, that the Anti-Money Laundering Council report corroborated the evidence of whistleblower Luy, who claimed that Napoles owned and controlled the NGOs implicated in the PDAF scam.