The Sandiganbayan acquitted former South Cotabato congressman Arthur Pingoy Jr. but convicted detained businesswoman Janet Lim Napoles in all charges of graft and malversation of public funds filed in the misuse of the then legislator's P20.91 million Priority Development Assistance fund (PDAF) from 2007 to 2009.
In a decision handed down on Friday, Oct. 20, Napoles -- who had been convicted in several cases and now serving her prison term -- was found guilty in five graft and four malversation cases.
In SB-16-CRM-0254 to 0256, Napoles and Philippine Social Development Foundation, Inc. (PSDFI) President Evelyn D. De Leon were found guilty of graft and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office.
They were ordered to indemnify the government and return to the national treasury, jointly and severally, the amount of P18 million, which represents the funds wrongfully and illegally disbursed.
Pingoy, Department of Budget and Management (DBM) Undersecretary Mario L. Relampagos; DBM officials Rosario S. Nuñez, Lalaine N. Paule, and Marilou D. Bare; former Technology and Livelihood Resource Center (TLRC) deputy director General Dennis L. Cunanan, group manager for Corporate Support Services Francisco B. Figura, and chief accountant Marivic V. Jover were acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt.
In SB-16-CRM-0257, National Agribusiness Corporation (NABCOR) Director for Financial Services Rhodora B. Mendoza, Bookkeeper Maria Ninez P. Guanizo, Paralegal Victor Roman C. Cacal, and Napoles were found guilty of graft and sentenced to six to 10 years imprisonment. Pingoy, Relampagos, Nuñez, Paule, and Bare were acquitted.
Those convicted were ordered to indemnify the government and return to the national treasury, jointly and severally, the amount of P2,910,000, which represents the funds wrongfully and illegally disbursed.
In SB-16-CRM-0258, Napoles and De Leon were found guilty of malversation and sentenced to 10 to 12 years imprisonment. They were ordered to pay a fine of P4,800,000 which is equivalent to the amount malversed. Pingoy, Relampagos, Nuñez, Paule, Bare, Figura, Cunanan, and Jover were acquitted of the same charges.
In SB-16-CRM-0259, Napoles and De Leon were found guilty of malversation and sentenced to 12 to 18 years imprisonment. They were ordered to pay a fine of P9,600,000, which is equivalent to the amount malversed. Pingoy, Relampagos, Nuñez, Paule, Bare, Figura, Cunanan, and Jover were acquitted.
In SB-16-CRM-0260, Napoles and De Leon were found guilty of malversation and sentenced to 10 to 16 years imprisonment. They were ordered to pay a fine of P3,600,000, which is equivalent to the amount malversed. Pingoy, Relampagos, Nuñez, Paule, Bare, Figura, Cunanan, and Jover were acquitted.
In SB-16-CRM-0261, Mendoza, Guanizo, Cacal, and Napoles were found guilty of malversation and sentenced to 10 to 16 years imprisonment as well as pay a fine of P2,910,000. Pingoy, Relampagos, Nuñez, Paule, and Bare were acquitted.
In SB-16-CRM-0262 and 0263, Pingoy was acquitted of violation of Article 210 of the Revised Penal Code on direct bribery.
The cases against former TLRC director general Antonio Y. Ortiz, Alan A. Javellana, Noel V. Macha, John Raymund De Asis, and John Bernardo, who are still at large, have been ordered archived pending their arrest or voluntary surrender.
In its decision, the anti-graft court found that the prosecution was successful in proving the guilt of Napoles, De Leon, and others of their criminal charges. However, the totality of the prosecution's evidence against Pingoy and others who have been acquitted have not been proven with moral certainty, the court said.
"There is no sufficient evidence that Pingoy received kickbacks from Napoles through [former Energy Regulatory Commission Chairperson Zenaida G. Cruz] Ducut. Even prosecution witness [Benhur] Luy admitted that he has never seen Pingoy, nor directly delivered to him any amount of money as kickbacks," it said.
"While Luy testified that he kept a document called the daily disbursement records (DDR) that contained Pingoy's name, it is not a convincing evidence of criminal liability of the persons whose names were indicated therein unless there is an equally sufficient evidence that will corroborate the entries in such private document. Pingoy should likewise be acquitted of this crime," it stressed.
Associate Justice Edgardo M. Caldona wrote the 57-page decision with the concurrence of Associate Justices Arthur O. Malabaguio and Bernelito R. Fernandez. Associate Justices Oscar C. Herrera Jr. and Efren N. De La Cruz both issued concurring and dissenting opinions.