The Sandiganbayan has found businesswoman Janet Lim-Napoles guilty beyond reasonable doubt of 10 counts each of graft and malversation over the alleged diversion of P50 million intended for farm input assistance, while acquitting former Department of Agrarian Reform (DAR) Undersecretary Jerry E. Pacturan of the graft charges but convicting him on 10 counts of malversation.

In a 237-page decision promulgated by the Sandiganbayan Sixth Division on Friday, July 24, the anti-graft court also found their co-accused, Evelyn D. De Leon, who headed some non-government organizations (NGOs), guilty of three counts each of graft and malversation.

For the 10 counts of graft, the Sandiganbayan sentenced Napoles “to suffer the indeterminate penalty of imprisonment of 12 years, as minimum, to fifteen years, as maximum, for each of the 10 counts, and shall further suffer perpetual disqualification from public office.”

As for the 10 counts of malversation of public funds through falsification of public documents, the anti-graft court sentenced her to “suffer the indeterminate penalty of 17 years and four months of reclusion temporal, as minimum, to 20 years of reclusion temporal, as maximum, for each of the 10 counts.”

“She shall likewise suffer the penalty of perpetual special disqualification and fines in the amount of the funds malversed, or the amount of PHP 5 million, in each of the 10 counts,” it added.

Citing the prosecution’s failure to prove his guilt beyond reasonable doubt, the Sandiganbayan acquitted Pacturan in the 10 graft cases.

For the 10 counts of malversation of public funds, Pacturan was sentenced to “suffer the indeterminate penalty of 14 years, eight months, and one day of reclusion temporal, as minimum, to 19 years, one month, and 11 days of reclusion temporal, as maximum, for each of the 10 counts in these cases.”

“He shall likewise suffer the penalty of perpetual special disqualification and fines in the amount of the funds malversed, or the amount of PHP 5 million, in each of the 10 counts,” it added.

De Leon, who was convicted of three counts of graft, was sentenced to suffer the “indeterminate penalty of imprisonment of ten years, as minimum, to twelve years, as maximum, for each of the three counts, and shall further suffer perpetual disqualification from public office.”

For the three counts of malversation of public funds through falsification, she was sentenced to “suffer the indeterminate penalty of 14 years, eight months, and one day of reclusion temporal, as minimum, to 19 years, one month, and 11 days of reclusion temporal, as maximum, for each of the three counts.”

As such, the anti-graft court imposed the penalty of perpetual special disqualification and ordered her to pay a fine equivalent to the amount malversed, or P5 million for each of the three counts.

The Sandiganbayan also ordered Pacturan, Napoles, and De Leon to solidarily reimburse the Bureau of the Treasury the total amount malversed, with six percent annual interest from the finality of the ruling until full payment, unless they could prove the amount had already been repaid.

“Accused Pacturan, Napoles, and De Leon are held solidarily liable to reimburse to the Bureau of the Treasury the total amount malversed plus interest of six percent per annum, to be reckoned from the date of the finality of this Judgment until full payment, by way of their civil liability, unless they can present proof that such amount had already been reimbursed. Accused Pacturan and Napoles shall be liable up to the amount of PHP 50 million, and accused De Leon shall be liable up to the amount of PHP 15 million,” it stated.

The anti-graft court likewise directed the issuance of alias warrants of arrest against Rowena U. Agbayani, Ronald John B. Lim, Jr., and John Raymund S. De Asis, who are still at large, and ordered the archiving of the cases against them pending their arrest.

The prosecution alleged that 10 local government units (LGUs) in Luzon were falsely listed as beneficiaries of a DAR farm input assistance program to be implemented by 10 Napoles-linked NGOs using regular agency funds.

Each local government unit was supposed to receive P5 million to purchase farm inputs, it added.

During the proceedings, eight mayors testified that the signatures appearing on the project documents were forged.

Prosecutors further alleged that Pacturan, acting for the DAR, signed the memoranda of agreement  (MOA) with the NGOs, allowing the disbursement of the funds.