Napoles sentenced to 2 more reclusion perpetua; 5 co-accused convicted

MANILA, Philippines – The Sandiganbayan has found businesswoman Janet Lim Napoles guilty in another pork barrel case and sentenced her to two more terms of reclusion perpetua. The anti-graft court also convicted five others linked to the scheme.

In a 165-page ruling on Friday, December 5, the anti-graft court’s 3rd Division found them to have conspired with a congressman to divert more than P40 million in Priority Development Assistance Fund allocations to fake projects run by Napoles-linked foundations.

Benguet representative Samuel Dangwa, who was charged in the case, died in 2019, leading to the dismissal of charges against him. The trial continued against his co-accused.

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National Livelihood Development Corporation president Gondelina Amata was sentenced to reclusion perpetua for malversation and six years for graft.

Former Technology Resource Center deputy director general Dennis Cunanan received one term for malversation, plus 12 years for malversation and 18 years for graft.

Former TRC group manager Ma. Rosalinda Lacsamana was sentenced to 10 years for malversation and six years for graft.

Mylene Encarnacion, president of the Countrywide Agri and Rural Economic Development Foundation, was sentenced to reclusion perpetua, two years for malversation and 12 years for graft.

Congressional staff member Erwin Dangwa received 10 years for malversation and six years for graft.

The Sandiganbayan, in the decision penned by Associate Justice Ronald Moreno, with Associate Justices Edgardo Caldona and Arthur Malabaguio concurring, convicted Napoles of six counts of malversation of public funds and six counts of violating the Anti-Graft and Corrupt Practices Act.

The court cited key testimony from whistleblower Benhur Luy, auditor Agnes Alfafaras, and Anti-Money Laundering Council deputy director Alvin Bermido, who traced the transactions and helped investigators follow the money trail.

Napoles received reclusion perpetua for two malversation charges involving P10 million and P9 million, exceeding the P8.8-million threshold for the maximum penalty. She was sentenced to 10 to 17 years for four other malversation cases.

For the six graft charges, she was sentenced to six to 10 years for each count.

The court also imposed fines of up to P44 million for the malversation cases and ordered her to pay the same amount to the Bureau of the Treasury as civil liability, with 6% interest from the finality of the decision.

The court gave full credence to Luy’s testimony, saying that there was no evidence that whistleblower Benhur Luy acted with improper motives or that Napoles had accused him of wrongdoing.

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The Sandiganbayan said testimony from Bermido showed that bank transactions matched the payouts recorded in Luy’s ledger and credited to the accused’s accounts.

It noted that such fund movements took place during the same period when commission payments were reportedly given to the congressman and while a Special Allotment Release Order (SARO) was being processed.

A SARO is a document issued by the Department of Budget and Management that authorizes a government agency to receive and spend funds for a specific project.

“Taken together, these facts point to a clear conclusion: the funds intended for legitimate agricultural programs were diverted for kickbacks. Therefore, it is clear that these funds were misappropriated as kickbacks, rather than being used for their intended purpose,” read part of the ruling. – Rappler.com