Napoles acquitted of graft in P15-M PDAF case | ABS-CBN

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Napoles acquitted of graft in P15-M PDAF case

Napoles acquitted of graft in P15-M PDAF case

Victoria Tulad,

ABS-CBN News

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Janet Lim Napoles during an “Oplan Galugad” operation inside the Correctional Institution for Women in Mandaluyong City on March 4, 2020. George Calvelo, ABS-CBN News/FileJanet Lim Napoles during an “Oplan Galugad” operation inside the Correctional Institution for Women in Mandaluyong City on March 4, 2020. George Calvelo, ABS-CBN News/File

MANILA -- Citing lack of evidence, the Sandiganbayan has cleared “pork barrel queen” Janet Lim Napoles of graft charges in connection with the alleged illegal use of P15 million of a lawmaker’s Priority Development Assistance Fund (PDAF).

In a 35-page Decision promulgated on April 12, the anti-graft court said aside from Napoles being mentioned in the case as President of the bogus non-government organization Masaganang Ani para sa Magsasaka Foundation, Inc. (MAMFI), no other overt act against her was established that could have proven conspiracy with accused officials of the Department of Agriculture Regional Field Office III.

“Notably, the prosecution relied heavily on the statements given by ‘whistleblower’ Marina Sula, a self-confessed subaltern of Napoles in the latter’s many questionable transactions. Yet no discernible effort had been made by the prosecution to present Sula in court to testify on her sworn statement; thereby rendering her narrative hearsay,” the Second Division said.

Other witnesses also did not supposedly know of the transaction in question.

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In 2005, MAMFI was tapped to supply liquid fertilizers worth P12 million from the PDAF of then Nueva Ecija 3rd District Rep. Aurelio Umali. The remaining P3 million was disbursed to the Samahan ng mga Manininda ng Prutas sa Gabi, Inc. (SMPGI) for the delivery of irrigation pumps.

Graft cases were filed on the allegation that the selection of the two NGOs contradicted procurement and appropriation laws, and that these were not qualified to do the projects.

Another contention was the lack of proper documentation, and the non-existence of projects which were considered as “ghost undertakings.”

Aside from Napoles, also acquitted of graft were her co-accused Renato Manantan and Narcisa Maningding, of the Department of Agriculture, Regional Field Unit III, and Evelyn De Leon, Napoles’ employee.

The Court ruled that Manantan and Maningding’s manifest partiality and/or evident bad faith in the performance of their duties was not substantiated.

Like Napoles, there was not enough evidence against De Leon.

Manantan, Maningding, and SMPGI officials Anita Tansipek and Corazon Bautista were also cleared of charges of malversation of public funds because the prosecution failed to establish their guilt beyond reasonable doubt.

“No civil liability may be adjudged against any of the accused in these cases,” the Sandiganbayan said.

Criminal cases against Umali have been previously dismissed on the grounds of his constitutional right to a speedy disposition of cases.

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