MANILA — The Sandiganbayan has sentenced “pork barrel queen” Janet Lim Napoles to at least 138 years and 3 months and a maximum of 150 years in prison after she was found guilty of 3 counts of graft and 3 counts of malversation in connection with the use of the Priority Development Assistance Funds (PDAF) of former lawmaker Salacnib Baterina.

But Baterina, who served as Ilocos Sur 1st District representative from 1998 to 2007, was acquitted of a total 7 counts of graft, malversation and direct bribery, based on a copy of the Sandiganbayan Special Second Division decision promulgated Friday, October 27.

In the 64-page ruling penned by Sandiganbayan Associate Justice Edgardo Caldona, the anti-graft court’s Special Second Division found that Napoles, along with Technology and Livelihood Resource Center officers Maria Rosalinda Lacsamana and Belinda Concepcion, and NGO officers Godofredo Roque and Evelyn de Leon conspired to commit graft and malversation.

“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.

BATERINA ACQUITTED

The court however found no evidence to prove Baterina’s participation in graft, malversation and direct bribery.

Baterina was accused of endorsing the release of a total of P35 million to 2 Napoles NGOs Kaagapay Magpakailanman Foundation, Inc. and Philippine Social Development Foundation, Inc.

But the court accepted Baterina’s expert witness that his signatures in the documents were forged.

“A comparison between the known or standard signatures and the signatures in the records, on one hand, and the questioned signatures, on the other, shows that there are indeed significant differences between them,” the court said.

“While one may observe minor variances in the known signatures of accused Baterina and the signatures in the records, the same do not compare to the significant deviations of the questioned signatures that are obvious and consistent to the point that not just one but two patterns in the forgeries are easily identified,” it added, noting that Baterina’s signatures were written with “moderate to fast writing movement in a continuous manner, and the pressure pattern is uniform from initial to terminal strokes.”

The court also took note of the admissions of prosecution witness Luy and the bookkeeper of JLN Corporation that they forged signatures and falsified documents as well as the irregularities in the notarization of the memorandum of agreement.

Despite Baterina’s acquittal, he was ordered to pay, along with the other convicted accused, P25 million and P10 million representing the amounts wrongfully disbursed.

The court found him civilly liable due to his “inaction or omission to safeguard the proper disbursement and utilization of these funds” which supposedly allowed others to misappropriate them.

“He has been a veteran congressman and had been allocated with similar funds before where a high degree of responsibility for their safeguard and accounting is attached so that the same could be utilized for the utmost benefit of the lawmaker’s district constituents,” it said.

Sandiganbayan justices Oscar Herrera, Jr. and Arthur Malabaguio dissented to Baterina’s acquittal.

In his dissenting and concurring opinion, Herrera said “Baterina’s defense of forgery of his signatures in his PDAF documents cannot prevail over the spontaneous, clear, credible and convincing testimonies of prosecution witnesses...” including state witness Luy who testified on the irregularities in the release and the misuse of his PDAF as well as his involvement.

“It is easy to make somebody else affix one’s signature in documents so that it can later on be disowned and forgery conveniently invoked as a defense…I find it totally unacceptable that the amounts from Baterina’s PDAF that were misused/misappropriated…were actually released without his knowledge, involvement and participation,” he said.

OTHERS ACQUITTED

Meanwhile, the court acquitted Dennis Cunanan, Francisco Figura, Consuelo Espiritu, Marivic Jover and Maurine Dimaranan because aside from their signatures in the disbursement vouchers, the prosecution failed to show any other act that would link them to the crimes charged.

It cited Supreme Court cases which ruled that signing documents in the course of standard operating procedure does not make one a conspirator in the crime; instead, knowledge of the conspiracy and active and knowing participation must be proven.

The court also absolved Mario Relampagos, Marilou Bare, Lalaine Paule and Rosario Nuñez, finding that they were not involved in the preparation of documents for the release of the PDAF funds from 2007 to 2009.

Those convicted may still file a motion for reconsideration and appeal the ruling to the Supreme Court.

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