THE Sandiganbayan has acquitted Janet Napoles, former Agusan del Sur Rep. Rodolfo Plaza, and several others of graft and malversation charges filed against them in connection with the alleged misuse of P27.5 million worth of Priority Development Assistance Fund (PDAF) or pork barrel.
However, Napoles will still remain in prison because she was convicted in other graft and malversation cases arising from the misuse of lawmakers’ pork barrel.
The dismissed cases stemmed from the allegedly anomalous agricultural projects endorsed by Plaza to the Social Development Program for Farmers Foundation Inc. (SDPFFI) and implemented using Plaza’s PDAF in 2008 and 2009.
The anti-graft court’s Second Division, in a 234-page decision promulgated on Feb. 5, ruled that the prosecutors “failed to prove beyond reasonable doubt” that Plaza, Napoles, and their co-accused misappropriated the funds.
“This Court declares the accused, save for those who remain beyond the jurisdiction of this Court, innocent for failure of the prosecution to prove their guilt beyond reasonable doubt,” the anti-graft court said.
The Sandiganbayan cleared Napoles and Plaza of five counts of violation of the Anti-Graft and Corrupt Practices Act and five counts of malversation of public funds under Article 217 of the Revised Penal Code.
Releases of Plaza’s PDAF allocations are considered “valid government releases” by virtue of the operative fact doctrine — that the actions taken were done in good faith and were legal at the time, the court ruled.
Plaza’s PDAF was released to the SDPFFI and the Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) to implement the projects.
“When he (Plaza) requested for the release of his PDAF allocations for said period, endorsed SDPFFI and MAMFI as project implementors and carried out other ‘informal practices,’ Plaza is still deemed to have acted within the law and had merely performed acts that were customary at that time,” the decision stated.
“There is no proof that their overt acts were attended with ill-will and malevolence and were committed in compliance with a common design. The evidence on record likewise negates the accusation that they, particularly the said indicted public officers, misappropriated the subject PDAF allocations,” it added.
The anti-graft court also found no proof that Plaza received kickbacks or money in connection with the subject Special Amount Release Orders (SAROs).
The Sandiganbayan likewise dismissed the two counts of direct bribery against Plaza since the prosecution failed to prove he accepted commissions, kickbacks or rebates in exchange for his endorsement or selection of SDPFFI.
“There is no unilateral endorsement to speak of and there is no proof of actual receipt of commissions, kickbacks and rebates to validate the contention of the prosecution that Plaza committed direct bribery,” the court noted.
Editor’s Note: This is an updated article. Originally posted with the headline “Sandiganbayan acquits Napoles, others on PDAF case.”