Napoles gets 55 years over P7.55 million pork scam

MANILA, Philippines — The Sandiganbayan has sentenced businesswoman Janet Lim-Napoles to up to 55 years in prison in connection with the alleged misuse of P7.55 million in Priority Development Assistance Fund (PDAF) or pork barrel of Davao del Sur Vice Gov. Marc Douglas Cagas IV during his term as congressman.

In a 149-page decision promulgated yesterday, the anti-graft court’s Third Division found Napoles guilty of two counts each of violation of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act, and malversation of public funds as provided under Article 217 of the Revised Penal Code.

Napoles was sentenced to six to 10 years in prison for each count of the graft offense. 

She was also sentenced to 10 to 16 years and five months in prison for one count of malversation and 10 to 18 years and eight months for another count of the offense.

Napoles is currently detained at the Correctional Institution for Women in Mandaluyong following her 2018 conviction for plunder in connection with the misuse of P517 million in PDAF of former senator Bong Revilla Jr.

Convicted with Napoles for one count each of graft and malversation were Dennis Cunanan and Maria Rosalinda Lacsamana, deputy director general and group manager, respectively, of the abolished state firm Technology Resource Center (TRC) as well as Rhodora Mendoza, vice president of another defunct state firm, the National Agribusiness Corp. (NABCOR).

Aside from prison terms, the anti-graft court also disqualified Cunanan, Lacsamana and Mendoza from holding public office.

Cunanan and Lacsamana, together with Napoles, were ordered to jointly pay a fine of P2.7 million on top of another P2.7 million in civil liability.

Mendoza and Napoles were ordered to pay a fine of P4.85 million on top of indemnifying the government P4.85 million in civil liability.

The Third Division acquitted former TRC officers Francisco Figura, Marivic Jover and Consuelo Lilian Espiritu for failure of the prosecution to prove their guilt beyond reasonable doubt.

Also acquitted of the charges were former officials of the Department of Budget and Management – undersecretary Mario Relampagos, chief budget and management specialist Rosario Nuñez, and administrative assistants Marilou Bare and Lalaine Paule.

NABCOR general services supervisor Victor Roman Cacal and bookkeeper Maria Ninez Guanizo, and private respondent Jesus Castillo Jr. were also cleared by the anti-graft court.

The charges against former Energy Regulatory Commission chair Zenaida Ducut remain archived as it was earlier established that she was suffering from dementia.

The court said the charges would be revived once a government physician determines that Ducut can be allowed to stand trial.

Filed by the Office of the Ombudsman in 2016, the cases stemmed from the allocation of P7.55 million of Cagas’ PDAF to the Napoles-linked foundations, Progress and Development Foundation Inc. and Social Development Program for Farmers Foundation Inc., allegedly in exchange for kickbacks.

The ombudsman alleged that Cagas personally chose Napoles’ foundations to implement his PDAF-funded projects without public bidding as required under RA 9184 or the Government Procurement Act.

The ombudsman said the supposed agricultural projects were never implemented.

Cagas earlier entered into a plea bargain with the ombudsman,  which allowed him to plead guilty to lesser offenses of fraud against public treasury, failure to render accounts and one count of falsification of public documents in exchange for the dismissal of the charges.

Cagas paid P12.95 million in compliance with the plea bargain deal.