Ex-Oriental Mindoro lawmaker convicted in P6.5-M graft cases
Former Oriental Mindoro congressman Rodolfo G. Valencia and businesswoman Janet Lim Napoles have been convicted of graft in the misuse of P6.5-million priority development assistance fund (PDAF) of the then legislator in 2013.
Valencia and Napoles were found guilty of three counts of graft, while former Technology Resource Center (TRC) deputy director general Dennis L. Cunanan and group manager Maria Rosalinda M. Lacsamana were convicted of two counts each.
For each count, they were sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office.
Napoles was also ordered to indemnify the government and return to the national treasury P1,800,000, P1,800,000, and P2,910,000 or a total of P6,510,000, representing the total amount wrongfully and illegally disbursed funds.
Former Department of Budget and Management (DBM) undersecretary for operations Mario L. Relempagos, budget officer Consuelo Lilian R. Espiritu, group manager Francisco B. Figura, and chief accountant Marivic V. Jover were acquitted on the ground of reasonable doubt.
On the other hand, Valencia, Cunanan, Lacsamana, Napoles, Relampagos, Espiritu, Figura, Jover, paralegal employee Victor Roman C. Cacal, National Agribusiness Corporation (NABCOR) officer-in-charge of the Accounting Services Division Maria Ninez P. Guanizo, and director of Administrative and Finance Rhodora B. Mendoza were acquitted of the crime of malversation as defined under Article 217 of the Revised Penal Code.
The cases against Antonio Y. Ortiz and Alan A. Javellana have been ordered archived pending their arrest.
Their criminal cases stemmed from the release of Valencia's P6.5 million PDAF to Masaganang Ani Para sa Magsasaka Foundation (MAMFI), a non-government organization (NGO) owned by Napoles.
The NGO was chosen as "project partner" in the implementation of livelihood projects for the 1st District of Oriental Mindoro, which were funded by Valencia's PDAF.
In a decision dated May 30, the anti-graft court said that the combined acts of the accused -- Valencia, Cunanan, Lacsamana, and Napoles -- are indicative of a "conspiracy of silence and inaction."
Because of their respective positions and obligations under the law, the court said that their actions amounted to gross inexcusable negligence, and it was only through their individual participation that Valencia's PDAF funds were released.
"With the release of the PDAF fund to MAMFI that eventually ended up with Napoles, the government lost a total of P6,510,000 causing actual damage to the government for projects expended but not implemented," the anti-graft court ruled.
The 173-page decision was written by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.