ALLEGED ‘pork barrel’ mastermind Janet Napoles, already serving a term of reclusion perpetua for plunder, lost her latest bid to have a 36-year sentence set aside after the Sandiganbayan denied her appeal.
The Sandiganbayan Second Division affirmed its May 19, 2023 decision that found Napoles guilty of two counts each of graft and malversation of public funds for which she was meted a total of 36 to 53 years imprisonment.
Napoles is serving her sentence at the Correctional Institution for Women in Mandaluyong City for plunder, a capital offense, as well as multiple convictions on graft and malversation also in relation to the Priority Development Assistance Fund (PDAF) scam.
Also convicted with Napoles in one count each of graft and malversation were Technology Resource Center legislative liaison Belina Concepcion, TRC group manager Rosalinda Lacsamana, and private defendants Mylene Encarnacion and Evelyn de Leon, executives of bogus non-government organizations created by Napoles.
Encarnacion represented the Countrywide Agri and Rural Economic Development Foundation Inc. (CARED) while de Leon was the president of the Philippine Social Development Foundation Inc. (PSDFI).
Concepcion, Lacsamana, Encarnacion, and De Leon were each sentenced to 18 to 27 years in jail.
Together with Napoles, they were ordered to pay P15.36 million as civil indemnity and fines in the same amount, or a total of P30.72 million.
On the other hand, the Sandiganbayan acquitted co-accused former Budget Undersecretary Mario Relampagos, DBM officers Rosario Nunez, Lalaine Paule, and Marilou Bare, and TRC officers Dennis Cunanan, Francisco Figura, Marivic Jover, and Maurine Dimaranan.
Davao del Sur Rep. Douglas Cagas, who was named accused in the four charges, died in June 2021 while the case was still on trial stage prompting the dismissal of all cases against him.
In her appeal, Napoles argued that the authenticity and veracity of the documents and testimonies of prosecution witnesses were questionable, hence, insufficient to sustain her guilt.
She attacked as hearsay the statements made on record by her former employee Benhur Luy, principal witness for the prosecution, that she gave kickbacks or commissions to Cagas to funnel his pork barrel funds into her private foundations CARED and PSDFI.
She added that Luy and Mary Arlene Joyce Baltazar pointed to her as the owner and operator of the two NGOs but only presented unsigned daily disbursement reports as proof.
Napoles also said there was no proof of conspiracy between her and her co-defendants, much less any evidence with probative value.
The court however rejected her arguments noting that the prosecution’s evidence was bolstered by the testimony of Anti-Money Laundering Council officer Leigh Von Santos who detailed irregularities in the transactions relative to the two NGOs.
“The AMLC Inquiry Report complements the testimony of Luy that CARED and PSDFI… are owned, controlled and/or operated by accused Napoles. Hence, it is crystal clear that there is adequate credible evidence, testimonial and documentary, warranting conviction beyond reasonable doubt,” the court declared.
At the same time, Napoles’ claim of double jeopardy was thrown out for lack of merit as the court noted that the cases of graft and malversation of public funds were covered by different laws.
“Where two different laws define two crimes, prior jeopardy as to one of them is no obstacle to a prosecution of the other, although both offenses arise from the same facts,” the Sandiganbayan pointed out.
