Sandiganbayan convicts Janet Napoles in 6 graft, 6 malversation cases
The Sandiganbayan has convicted businesswoman Janet Lim Napoles of six counts of graft and six counts of malversation of public funds for the misuse of the P44 million Priority Development Assistance Fund (PDAF) of the late ex-Benguet congressman Samuel Dangwa.
Each graft conviction carried the penalty of six to 10 years imprisonment with perpetual disqualification from holding public office and loss of all retirement benefits.
Napoles has been detained since 2015 at the Correctional Institution for Women (CIW) in Mandaluyong City due to her previous convictions.
In SB-15-CRM-0039, Napoles was convicted of graft together with former Technology Resource Center (TRC) director general Dennis L. Cunanan and group manager Ma. Rosalinda Lacsamana.
She was convicted solely in SB-15-CRM-0040. In SB-15-CRM-0041, Napoles was convicted together with Dangwa's staff member Erwin Cagas Dangwa, while Napoles was convicted in SB-15-CRM-0042 together with National Livelihood Development Corporation (NLDC) president Gondelina Amata.
In SB-15-CRM-0043, Napoles, Cunanan, and private individual Mylene T. Encarnacion were found guilty of malversation and were sentenced to reclusion perpetua and imposed a fine of P10,000,0000.
They were also held liable, jointly and severally, to return to the Bureau of Treasury the amount of P10,000,000 with legal interest of six percent per annum.
In another malversation case docketed as SB-15-CRM-0044, Napoles, Cunanan, and Encarnacion were found guilty and were sentenced to two years and four months of prision correccional as minimum to seven years of prision mayor. They were also ordered to pay a fine of P1,000,0000 and held liable, jointly and severally, to return to the Bureau of Treasury the amount of P1,000,000 with legal interest of six percent per annum.
In SB-15-CRM-0045, Napoles, Cunanan, and Lacsamana were found guilty of malversation and were sentenced to 10 years of prision mayor and 17 years of reclusion temporal as maximum. They were imposed a fine of P8,000,0000 and held liable, jointly and severally, to return to the Bureau of Treasury the amount of P8,000,000 with legal interest of six percent per annum.
Only Napoles was found guilty in SB-15-CRM-0046 on malversation of public funds. She was sentenced to 10 years of prision mayor as minimum to 17 years of reclusion temporal and imposed a fine of P8,000,0000. She was ordered to return to the Bureau of Treasury the amount of P8,000,000 with legal interest of six percent per annum.
In SB-15-CRM-0047, Napoles and Dangwa were found guilty of malversation, sentenced to 10 years of prision mayor as minimum to 17 years of reclusion perpetua as maximum, and imposed a fine of P8,000,0000. The two of them were also held liable, jointly and severally, to return to the Bureau of Treasury the amount of P8,000,000 with legal interest of six percent per annum.
In SB-15-CRM-0048, Napoles and Amata were found guilty of malversation, sentenced to reclusion perpetua, and imposed a fine of P9,000,000. They were also held liable, jointly and severally, to return to the Bureau of Treasury the amount of P0,000,000 with legal interest of six percent per annum.
State prosecutors said that the accused used public funds intended for legitimate agricultural programs and diverted these into "kickbacks," which they were able to prove given the timing of the Special Allotment Release Order (SARO) and the payment to Erwin Dangwa, along with the identification of bank accounts.
The Sandiganbayan said: "It is clear that the funds were misappropriated through these fictitious projects, as no actual services or goods were provided to the intended beneficiaries. Instead, the funds were funneled to non-functional organizations with no capacity to implement the projects."
It also said: "The implementing agencies, TRC, National Agribusiness Corporation (NABCOR), and NLDC acted as mere conduits, facilitating the transfer of funds to Napoles-affiliated NGOs without any oversight or legitimate project execution. These actions constitute a deliberate scheme to defraud the government, and misappropriate public funds."
The 165-page decision was written by Associate Justice Ronald B. Moreno. Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio concurred.rety