The Sandiganbayan on Friday acquitted businesswoman Janet Lim Napoles and five others of graft and malversation charges in connection with the misappropriation of P15 million pork barrel funds of a former Nueva Ecija lawmaker in 2005.
The anti-graft court Second Division cleared Napoles of one count of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act (RA 3019), along with private respondent, Evelyn de Leon, president of Napoles-run non-governmental organization Philippine Social Development Foundation Incorporated, citing the prosecution's lack of evidence to support the charges against them.
Former regional executive director Renato Manantan and accountant Narcisa Maningding of the Department of Agriculture-Regional Field Unit 3 were also acquitted of four counts each of graft and two counts each of malversation of public funds.
Anita Tansipek and Corazon Bautista of another NGO, Samahan ng mga Manininda ng Prutas sa Gabi Inc. (Samahan), were also absolved by the court of one count each of graft and malversation of public funds.
Filed by the Ombudsman in 2016, the case pertains to the alleged unlawful diversion of ex-Nueva Ecija Rep. Aurelio Umali of his P15 million Priority Development Assistance Fund (PDAF) to Samahan and Napoles-controlled Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) for the supposed livelihood and agricultural projects of his constituents in the Third District of Nueva Ecija in 2005.
The Ombudsman said Umali released P3 million and P12 million to Samahan and MAMFI, respectively, notwithstanding that the NGOs were both "unaccredited and unqualified" to undertake the projects.
Moreover, none of the supposed projects were implemented, according to the Ombudsman.
Graft investigators said Umali, Napoles, Manantan, Maninding, De Leon, Tansipek, and Bautista connived with one another to make it appear that the funds were used for the PDAF-funded projects but were later found to be all ghost or non-existent.
However, Umali, charged with four counts of graft, got off scot-free from the criminal raps after successfully invoking his constitutional right to speedy disposition of the cases against him.
In clearing Napoles and her alleged cohorts, the Sandiganbayan said the prosecution fell short in proving that all the accused deliberately committed a corrupt intent, including a dishonest and fraudulent purpose and disregard for public trust, which are the crux of a charge for violation of RA 3019.
"Needless to state, conspiracy must be established beyond reasonable doubt. Necessarily, a conviction grounded on a finding of conspiracy must be based on facts and not on mere speculations," the court said in a 35-page decision.
"Our legal culture demands that guilt must be founded on these facts before any person may be convicted of any crime. Moral certainty, not mere possibility, establishes this guilt," the ruling reads.