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Tuesday, May 7, 2024

Sandigan junks Napoles’ appeal to reverse ruling on graft raps

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The Sandiganbayan has affirmed the conviction of the so-called “pork barrel queen,” businesswoman Janet Lim Napoles on two counts of malversation and two counts of graft.

In addition to this case, Napoles is also facing several other graft and malversation of public funds charges in connection with the misuse of the pork barrel programs of legislators.

The case on hand involved the P7.6 million worth of discretionary funds of then Davao del Sur Rep. Douglas Cagas.

In a 13-page resolution promulgated on August 8, the anti-graft court’s Second Division denied the appeal of Napoles to reverse its May 2023 decision for lack of merit.

The court said the testimony of prosecution witness and Napoles’ bagman Benhur Luy was corroborated by Anti-Money Laundering Council representative Leigh Vhon Santos.

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“The AMLC Inquiry Report complements the testimony of Luy that (non-government organizations) CARED and PSDFI, as well as several other non-government organizations involved in the PDAF scheme are owned, controlled, and/or operated by accused Napoles, and that accused Napoles gave public officials commissions, rebates, or kickbacks for endorsing her NGOs to receive PDAF,” the Sandigan noted.

“It is crystal clear that there is adequate credible evidence, testimonial and documentary, warranting the conviction beyond reasonable doubt of accused-movant Napoles. On the other hand, there was no iota of proof that would directly contradict her established guilt. In fact, she did not even present any evidence in her defense,” the anti-graft court added.

Each malversation conviction on the case carries a jail time of 12 to 17 years, while each graft conviction is punishable with six to 10 years jail time. Napoles is currently held at the Correctional Institution for Women in Mandaluyong City on a plunder conviction.

In February 2021, the Sandiganbayan also convicted Napoles, former Cagayan de Oro Rep. Constantino Jaraula and three others on three counts of graft and three counts of malversation for pocketing at least P19.2 million of the lawmaker’s PDAF.

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