The Sandiganbayan has handed down additional 64 years imprisonment for four counts each of graft and malversation of public funds on convicted pork-barrel queen Janet Lim Napoles.
This time, the verdict was in connection with the illegal disbursement of at least P20 million from the Priority Development Assistance Fund (PDAF), or pork barrel, of former South Cotabato Rep. Arthur Pingoy.
Voting 3-2, the Special Second Division of the Sandiganbayan in a 57-page decision, sentenced Napoles to at least 40 years imprisonment for four counts of malversation of public funds conviction and another 24 years for four counts of graft.
In the same decision, the anti-graft court cleared all Lim’s co-accused public officials in counts, except in the P2.9-million malversation case involving Pingoy’s PDAF under case number SB-16-CRM-0261.
In the said case, the so-called pork barrel queen was convicted of malversation alongside former state-run National Agribusiness Corporation (NABCOR) officials Rhodora Mendoza, Victor Cacal and Maria Ninez Guañizo.
Napoles and each of the NABCOR officials were sentenced to 10 to 16 years in prison and to return the P2.9 million that they malversed.
Aside from prison time, the Sandiganbayan also ordered Napoles to return to the government at least P41 million, which was the amount she misused.
The anti-graft court noted that there was no evidence that Pingoy was involved in the scheme.
“There is no sufficient evidence that Pingoy received kickbacks from Napoles through [former Energy Regulatory Commission chairperson Zenaida] Ducut. Even prosecution witness [and former JLN Corporation finance officer Benhur] Luy admitted that he has never seen Pingoy, nor directly deliver to him any amount of money as kickbacks,” the decision partly read.
The anti-graft court also noted that while Luy testified that he gave money to Ducut, he has no personal knowledge at all as to whether or not Ducut gave the same money or a portion of it to Pingoy.
“While Luy testified that he kept a document called the daily disbursement records that contained Pingoy’s name, it is not a convincing evidence of criminal liability of the persons whose names were indicated therein unless there is an equally sufficient evidence that will corroborate the entries in such private document,” the Sandiganbayan said.
Napoles’ lawyer Rony Garay said they will appeal the decision. “We will file a motion for reconsideration,” Garay said.
“No public official was convicted, and yet this crime was committed with a public official,” he added.
Napoles attended her promulgation through teleconferencing.
Aside from Napoles, also convicted of three counts of graft and three counts of malversation of public funds in the case involving Pingoy’s pork barrel was Evelyn de Leon, president of the Napoles-controlled non-government entity Philippine Social Development Foundation, Inc.
De Leon was sentenced to six to 10 years imprisonment for every count of graft conviction, 10 to 12 years in two counts of malversation conviction, and 10 to 16 years in one count of malversation conviction for a total of 48 years.
The sentence was on top of the fines she has to pay as a result of her conviction.
Napoles is already serving time at the Correctional Institution for Women in Mandaluyong City for her plunder conviction involving the illegal disbursement of P224 million worth of PDAF of Senator Ramon Revilla Jr. in December 2018.