The Sandiganbayan has ordered convicted Janet Lim Napoles to pay a P79.04 million in civil liabilities in connection with her involvement in the misappropriation of the multi-million pork barrel fund of a former lawmaker.

In a resolution dated 8 July, the Special Fifth Division of the anti-graft court ruled that Napoles must pay P79,040,000 plus 6 percent annual interest in a civil liability on top of the modified P23,996,700 fine that was initially imposed on her and former Association of Philippine Electric Cooperatives Partylist Rep. Edgar Valdez.

In October last year, both Napoles and Valdez were acquitted of plunder charges but were found guilty of nine counts each of corruption of a public official and direct bribery, respectively.

They were sentenced to up to six years behind bars and were ordered to pay a P26,996,700 fine that was later modified to a lesser amount.

Valdez allegedly received at least P57.78 million in kickbacks from Napoles after funneling his Priority Development Assistance Fund (PDAF) from 2004 to 2010 to bogus non-governmental organizations controlled by Napoles, namely, Masaganang Ani Para sa Magsasaka Foundation Inc.; Philippine Social Development Foundation Inc.; and Social Development Program for Farmers Foundation Inc..

The PDAF was supposedly intended for the implementation of Valdez’s livelihood projects. An investigation by the Ombudsman revealed the projects were non-existent.

The amount involved was above the P50-million threshold for the crime of plunder.

However, in a previous ruling of the Sandiganbayan, it said the prosecution failed to prove that the two “amassed, accumulated and/or acquired at least P50 million in PDAF funds through kickbacks and/or commissions.”

Meanwhile, following an examination of its earlier verdict, the Sandiganbayan stated there was a need to impose a civil liability that was separate from the fine imposed.

According to the Sandiganbayan, the penalty of a fine was not equivalent to finding an accused civilly liable for restitution, and courts must prescribe the proper penalties when convicting an accused and determine the civil liability to be imposed on the same.