The Sandiganbayan has acquitted former Masbate governor and then congresswoman Rizalina Seachon Lanete, her former chief of staff, and businesswoman Janet Lim Napoles of plunder in the alleged misuse of the former legislator’s P107 million in Priority Development Assistance Fund (PDAF).

Lanete was also acquitted of graft in several cases filed against her.

However, the anti-graft court convicted Napoles and several other accused of graft.

There were 13 criminal charges before the anti-graft court. In Criminal Case No. SB-15-CRM-054, Lanete, her former chief of staff Jose Roslinda Sumalpong, and Napoles were acquitted of the crime of plunder.

Despite her acquittal, Napoles was ordered by the court to indemnify the government of P107,341,300 with interest of six percent per annum.

In Criminal Case No. SB-15-CRM-055, Lanete, Sumalpong, former Department of Budget and Management (DBM) officials Rosario S. Nunez, Lalaine N. Paule, and Marilou D. Bare, former Technology Resource Center department manager Francisco B. Figura, and chief accountant Marivic V. Jover were acquitted of graft.

On the other hand, former TRC deputy director general Dennis L. Cunanan, private individual Mylene T. Encarnacion, and Napoles were found guilty of graft and were sentenced to six to eight years imprisonment with perpetual disqualification from holding public office.

In Criminal Case No. SB-15-CRM-056, Cunanan, De Leon, and Napoles were found guilty of graft and sentenced to six to eight years imprisonment. Lanete, Sumalpong, Nunez, Paule, Bare, Figura, and Jover were acquitted of the same charge.

In Criminal Case No. SB-15-CRM-057, Cunanan, De Leon, and Napoles were found guilty of graft and slapped with six to eight years imprisonment. Lanete, Sumalpong, Nunez, Paule, Bare, Figura, and Jover were acquitted of the same charge.

In Criminal Case No. SB-15-CRM-058, Cunanan and Napoles were found guilty of graft and sentenced to six to eight years imprisonment while Lanete, Sumalpong, Nunez, Paule, Bare, Figura, Jover, Lacsamana, and TRC budget officer IV Consuelo Lilian R. Espiritu were acquitted.

In Criminal Case No. SB-15-CRM-059, Lanete, Sumalpong, former district staff of Lanete Jeaneth Dela Cruz, Nunez, Paule, Bare, Figura, Jover, Lacsamana, and Espiritu were acquitted of graft based on reasonable doubt.

In Criminal Case No. SB-15-CRM-060, Cunanan and Napoles were found guilty of graft and slapped with six to eight years imprisonment. Lanete, Sumalpong, Dela Cruz, Nunez, Paule, Bare, Figura, Jover, Lacsamana, and Espiritu were acquitted.

In Criminal Case No. SB-15-CRM-061, Lanete, Sumalpong, Dela Cruz, Nunez, Paule, Bare, former National Agribusiness Corporation (NABCOR) general services supervisor Victor Roman C. Cacal, bookkeeper Maria Ninez P. Guanizo, vice president for administration and finance Rhodora B. Mendoza, and Napoles were acquitted based on reasonable doubt.

In Criminal Case No. SB-15-CRM-062, Lanete, Sumalpong, Nunez, Paule, Bare, Cacal, Guanizo, Mendoza, and Napoles were acquitted based on reasonable doubt.

In Criminal Case No. SB-15-CRM-063, former National Livelihood Development Corporation (NLDC) division chief Gregoria G. Buenaventura, president Gondelina G. Amata, private individual Evelyn D. De Leon, and Napoles were found guilty of graft and sentenced to six to eight years imprisonment while Lanete, Sumalpong, Nunez, Paule, Bare, cashier IV Ofelia E. Ordonez, director IV Chita C. Jalandoni, project development officer IV Sofia D. Cruz, and private individual Henry E. Soliman were acquitted.

In Criminal Case No. SB-15-CRM-064, Lanete, Sumalpong, Nunez, Paule, Bare, Cacal, Guanizo, and Napoles were acquitted based on reasonable doubt.

Finally, in Criminal Case No. SB-15-CRM-065, Buenaventura, Amata, De Leon, and Napoles were found guilty of graft and sentenced to six to eight years imprisonment. Lanete, Sumalpong, Nunez, Paule, Bare, Ordonez, Jalandoni, Budget Officer IV Filipina T. Rodriguez, and Cruz were acquitted of the same charge.

"Pursuant to Article 70 of the Revised Penal Code, the sentences shall be served successively but in no case to exceed three-fold the length of time corresponding to the most severe penalty imposed, and not to exceed 40 years," the anti-graft court ruled.

The cases against private individual Eulogio D. Rodriguez, NLDC director IV Emmanuel Alexis G. Sevidal, and NABCOR general services unit head Romulo M. Relevo have been ordered dismissed in light of their deaths. The court ordered the cases against private individual John Raymond S. De Asis, TRC director general Antonio Y. Ortiz, NABCOR president Alan A. Javellana, and chief accountant Ma. Julie A. Villaralvo-Johnson be archived pending their arrest.

In its decision, the court explained that the charges against Lanete cannot prosper as there was insufficient evidence that would prove she amassed at least P50 million ill-gotten wealth as required by the plunder law.

It also said: "The records also do not prove that her signing of endorsement letters and memoranda was done with corrupt intent or with gross negligence. For these reasons, she must be acquitted of plunder and of all counts of graft."

The court said that the prosecution's evidence prevailed in proving that Napoles, aided by De Leon and Encarnacion, put together the essential components that enabled the "facade of the ghost projects and the release of funds to the non-government organizations."

It also said: "The Court finds sufficient proof against those whose acts clearly enabled the diversion of funds. Some agency officials went beyond routine paperwork: they signed disbursement vouchers, and co-signed checks that directly released public money to bogus NGOs. Private individuals, too, were shown to have received checks and signed receipts for these sham transactions. For them, conviction is warranted."

The 276-page decision was written by Associate Justice Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel Lacap Pahimna and J. Ermin Ernest Louie R. Miguel.