The Sandiganbayan has ordered convicted Janet Lim Napoles to pay a whopping P79.04 million as a civil liability in connection with her involvement in the misappropriation of the multi-million pork barrel funds of a former lawmaker.
In a resolution dated 8 July, the anti-graft court Special Fifth Division ruled that Napoles must pay P79,040,000 plus 6 percent annual interest as a civil liability on top of the modified P23,996,700 fine that was initially imposed against 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 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. (MAMFI); Philippine Social Development Foundation Inc. (PSDFI); and Social Development Program for Farmer's Foundation Inc. (SDPFFFI).
The PDAF was supposedly intended for the implementation of Valdez's livelihood projects. An investigation by the Ombudsman later revealed that projects turned out to be ghost or non-existent.
The amount involved was above the P50-million threshold for the crime of plunder.
However, in the previous ruling of the Sandiganbayan, it said that the prosecution failed to prove that the two "amassed, accumulated and or acquired at least P50 million pesos of PDAF funds through kickbacks and or commissions."
Meanwhile, following an examination of its earlier verdict, the Sandiganbayan stated there is a need to impose civil liability that is separate from the fine imposed.
According to the Sandiganbayan, the penalty to pay a fine is not equivalent to finding an accused civilly liable for restitution, and courts must prescribe the proper penalties when convicting the accused and determine the civil liability to be imposed on the same.
"This civil liability constitutes the actual damages suffered by the government resulting from the unlawful scheme perpetrated in this case, as established by the prosecution," it said.
In imposing civil liability against Napoles, the court said the prosecution was able to sufficiently prove that MAMFI, PSDFI, and SDPFFI, all controlled by Napoles, received a total of P79,040,000 from 2007 to 2009.
"This total amount comprised the public funds that went to the coffers of the three NGOs under the control of accused Napoles, and thus constituted the actual damages suffered by the government resulting from this unlawful scheme," the court said.
It added that the disbursements proven in the case to have been given by Napoles to Valdez cannot be deducted therefrom because such disbursements are unlawful and illegitimate transactions.
"Thus, by way of civil liability, accused Napoles should pay to the government the total amount of P79,040,000, plus interest of 6 percent per annum reckoned from the finality of this decision until full payment," the resolution read.
