Sandiganbayan Convicts Janet Lim-Napoles Again
Janet Lim-Napoles, widely known as the mastermind behind the infamous pork barrel scam, has faced another conviction from the Sandiganbayan. This latest ruling involves the misuse of the Priority Development Assistance Fund (PDAF) amounting to P7.55 million linked to former Davao del Sur Representative Marc Douglas Cagas IV.
Officials reported that the Sandiganbayan’s Special Third Division found Napoles guilty alongside former Technology Resource Center (TRC) officials Dennis Cunanan and Maria Rosalinda Lacsamana, as well as Rhodora Mendoza from the now-defunct National Agribusiness Corporation.
Details of the Conviction and Sentences
In a 149-page decision released on Friday, Napoles was convicted of two counts of graft and two counts of malversation. Cunanan and Lacsamana each faced one count of graft and malversation, while Mendoza was convicted of similar charges.
Napoles received sentences ranging from 12 to 20 years for graft and 20 to 34 years for malversation. Cunanan and Lacsamana were sentenced to six to 10 years for graft and 10 to 14 years for malversation. Mendoza was ordered to serve six to 10 years for graft and 10 to 18 years for malversation.
Background of the PDAF Scam Case
The case originated from Cagas’ endorsement of two non-governmental organizations (NGOs), the People’s Organization for Progress and Development Foundation Inc. (Popdfi) and the Social Development Program for Farmers Foundation Inc. (Sdpffi). Both NGOs were controlled by Napoles and were designated as “project partners” to supposedly deliver agricultural production packages to constituents.
According to court records, Popdfi received P2.7 million, while Sdpffi was granted P4.85 million from Cagas’ PDAF allocations.
Prosecutors Highlight Fraudulent Fund Diversion
State prosecutors emphasized that the PDAF processing allowed Napoles and her co-accused to misappropriate public funds intended for development projects, which ultimately did not exist. They also pointed out that the selection of these NGOs bypassed the mandatory public bidding process.
The court ordered Napoles, Cunanan, and Lacsamana to pay fines equivalent to the P2.7 million malversed funds by Popdfi, plus indemnification with interest. For the Sdpffi funds, Napoles and Mendoza were similarly ordered to pay fines and indemnify the government with P4.85 million plus interest.
Legal Grounds for Conviction
The anti-graft court clarified that while NGOs can validly implement PDAF projects, the essential requirement of competitive public bidding must be observed. The court found that this requirement was ignored in the selection of Popdfi.
Moreover, the General Appropriations Acts for 2007 and 2008 clearly stated that no specific NGO was named as an implementing agency for PDAF projects. Instead, only government agencies like the TRC and Department of Agriculture were authorized, reinforcing the need for public bidding.
Evidence of Conspiracy and Bad Faith
The Sandiganbayan highlighted that the two NGOs were chosen solely based on the endorsement of Cagas, and both were under Napoles’ full control. She determined the stockholders, directors, and incorporators, and managed the funds and bank transactions.
“Thus, with the foregoing conclusions, accused Napoles acted with evident bad faith and in conspiracy with the accused public officials and employees to defraud the government through non-existent NGOs and projects,” the court stated.
The ruling stressed that evident bad faith involves a deliberate intent to cause harm, which was proven to be driven by corrupt motives. “Herein, the circumstances established show beyond reasonable doubt that accused Napoles was spurred by corrupt or ill motive when she conspired with the accused public officials and employees to defraud the government,” the decision added.
For more news and updates on the Priority Development Assistance Fund scam, visit Filipinokami.com.
