PORK BARREL SCAM | Sandiganbayan finds Napoles guilty of graft, malversation in P20-M PDAF case

October 20, 2023 , 09:48 PM

By Clarist Zablan

(October 20, 2023) – The anti-graft court Sandiganbayan has sentenced the so-called “Pork Barrel Queen” of up to 103 years imprisonment for graft and malversation for misusing P20.91-million of lump sum funds in Congress.

In a 57-page decision, Sandiganbayan’s 2nd Special Division found Janet Lim Napoles guilty of four counts of graft and four counts of malversation in connection to the misappropriation of a former lawmaker’s Priority Development Assistance Fund (PDAF) in 2007 to 2008.

Evelyn de Leon of the Philippine Social Development Foundation Inc. (PSDFI) was also found guilty of three counts of graft and malversation each, with a total sentence of up to a maximum 77 years of imprisonment.

In two cases, National Agribusiness Corporation (NABCOR) officials Rhodora Mendoza, Maria Ninez Guanizo and Victor Cacal were found guilty of one count of graft and malversation and will face up to 26 years of imprisonment.

But the anti-graft court acquitted Arthur Pingoy Jr., a former congressman of South Cotabato, on charges of graft, malversation, and direct bribery due to “failure of the prosecution to prove their guilt beyond reasonable doubt.”

Four budget officials and two Technology Resource Center (TRC) officials were also acquitted from the graft and malversation cases.

In six of the cases, Napoles and de Leon were ordered to pay the government a total of P18 million in indemnity and P18 million in fines.

For the two other cases, Napoles, Mendoza, Guanizo and Cacal were directed to pay P2.9 million in indemnity to the government and P2.9 million in fines.

Associate Justice Edgardo Caldona penned the decision, with fellow Associate Justices Arthur Malabaguio and Bernelito Fernandez concurring. The division chairman, Associate Justice Oscar Herrera, and Associate Justice Efren de la Cruz partly dissented.

In 2016, the Ombudsman indicted Napoles, Pingoy, and several government officials of graft, malversation, and direct bribery, finding that Pingoy’s P20.91-million PDAF were coursed through two non-government organization that state auditors found and whistleblowers said to have used the money for “ghost” projects.

Pingoy was also accused of pocketing commissions and kickbacks amounting to P6.755 million from Napoles.
Two government officials and three PSFDI employees accused in the cases are still at large.

The so-called “pork barrel scam,” first exposed in 2013, involved the alleged misuse by several lawmakers of their PDAF, defrauding the government by an estimated P10 billion. The Supreme Court later declared the discretionary fund in Congress as unconstitutional.

(MM)

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