Businesswoman Janet Lim Napoles and four other persons have been convicted by the Sandiganbayan of graft and malversation of public funds in the misuse of the P15.36 million priority development assistance fund (PDAF) of the late Davao del Sur 1st District Rep. Douglas R. Cagas in 2007.
Napoles was sentenced to six to 10 years imprisonment for each count of graft and 12 to 17 years imprisonment for each count of malversation.
Former Technology Resource Center (TRC) legislative liaison officer Belina A. Concepcion, former TRC group manager Maria Rosalinda M. Lacsamana and private individuals Mylene T. Encarnacion and Evelyn D. de Leon were convicted each of one graft charge and one malversation charge.
Together with Concepcion and Encarnacion, Napoles was ordered to indemnify the national treasury of P7,680,000, which represents the amount wrongfully and illegally disbursed, and another P7,680,000 for the amount malversed.
Also, together with Lacsamana and De Leon, Napoles was ordered to indemnify the government P7,680,000 for their graft conviction and another P7,680,000 for their malversation conviction.
All of them were barred perpetually from holding public office.
The accused were also sentenced to perpetual special disqualification from holding any public office.
The cases against Cagas had been dismissed on account of his death.
Their other co-accused -- former Department of Budget and Management (DBM) undersecretary for operations Mario L. Relampagos, budget and management dpecialist Rosario S. Nunez, administrative assistant VI Lalaine N. Paule, administrative assistant VI Marilou D. Bare, former TRC deputy director general Dennis L. Cunanan, group manager of the Corporate Support Services Group Francisco B. Figura, chief accountant Marivic V. Jover, and internal auditor V Maurine E. Dimaranan were all acquitted of two graft and two malversation charges for failure of the prosecution to prove their guilt beyond reasonable doubt.
The cases against former TRC director general Antonio Y. Ortiz have been ordered archived pending his arrest.
In January 2007, the prosecution said Cagas endorsed Countrywide Agri and Rural Economic and Development Foundation, Inc. (CARED), a non-government organization (NGO) controlled by Napoles, as "project partner" in implementing a livelihood program for several municipalities in Davao del Sur.
It said that Cagas gave CARED P7,680,000 even without undergoing public bidding, as required by Republic Act No. 9184.
Again, in February 2007 the prosecution said that Cagas selected the Philippine Social Development Foundation Inc. (PSDFI), another NGO operated by Napoles, and endorsed another P7,680,000 million to it without going through the proper procedures.
Because of their manifest partiality and evident bad faith, the Sandiganbayan said that the accused became "conspirators" which resulted in a total loss of P15,360,000 to the damage of the government.
The anti-graft court’s decision which was promulgated last May 19 was written by Associate Justice Edgardo M. Caldona with the concurrence of Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Arthur O. Malabaguio.