Napoles convicts more malversation case by a Sandiganbayan.

Pork barrel mastermind Janet Lim-Napoles has been found guilty yet again, this time for her involvement in the misappropriation of the Priority Development Assistance Funds (PDAF) of a former lawmaker, adding at least 138 years to her growing prison sentence.

The anti-graft court handed the ruling on Friday in cases linked to the P35-million Priority Development Assistance Fund (PDAF), or pork barrel, of former Ilocos Sur Rep. Salacnib Figueras Baterina.

Napoles was earlier convicted in other graft and malversation cases among a string of charges in connection with the pork barrel scam. Under the scheme, public funds were diverted to bogus non-government organizations (NGOs) created by the businesswoman.

In a 64-page decision, the court found Napoles, along with Belina Agbayani Concepcion and Godofredo Roque, guilty of two counts of graft as well as two counts of malversation.

They were ordered to return P25 million to the National Treasury, as well as pay the same amount as fine.

“Napoles’ JLN Corporation created NGOs like Kaagapay Magpakailanman Foundation, Inc. (KMFI) and Philippine Social Development Foundation, Inc. (PSDFI), where the presidents and incorporators are her employees at her residence or of her company. She then transacted with lawmakers for them to choose the NGOs she created as beneficiaries of PDAF. She had contacts at the DBM to ensure the SARO releases indicating the projects to be supposedly undertaken by her NGOs. She also dealt with TLRC officials to ensure the eventual release of the PDAF to her NGOs,” the court said.

Lacsamana and Concepcion were legislative liaison officers whose roles, according to the court, were vital in the implementation of PDAF projects.

De Leon, meanwhile, as president of PSDFI, signed MOAs, disbursement vouchers (DVs), work project activities and issued official receipts as payment for PDAF of Baterina.

Roque, as treasurer and incorporator of KMFI, also signed DVs and issued official receipts as payment of PDAF of Baterina.

“Said accused had a unified goal of releasing public funds in the form of PDAF to accused Napoles’ NGOs, KMFI and PSDFI, by consciously deviating from legal requirements and using their public positions in doing so. Their acts, inarguably malicious and partial, favored and benefited KMFI, PSDFI and themselves, to the prejudice of the government,” the court ruled in convicting them of graft.

For malversation, the court said it was enough that Concepcion and Lacsamana, as accountable public officers, received PDAF allocations then processed and effected their disbursements to the NGOs, while De Leon and Roque, acting for and in behalf of Napoles, KMFI and PSDFI, received the proceeds of the checks issued to said NGOs despite not having implemented any of the projects for which these were intended.

The court relied on testimonies of prosecution witness Benhur Luy and the bookkeeper of JLN Corporation, the official documents of NGOs on file with the SEC as well as the SSS and Maxicare records of Napoles’ Corporation.

Napoles received between 138 years and 3 months to 150 years in prison, Concepcion and Roque between 92 years and 2 months to 100 years, and Lacsamana and De Leon between 46 years and 1 month to 50 years.

All five who were convicted were not only disqualified from holding public office, they were also ordered to return P35 million to the National Treasury as penalty for graft and pay a fine of the same amount as penalty for malversation.

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