Sandiganbayan acquits Napoles, others on PDAF case

Napoles, however, will still remain in prison because she was convicted in other graft and malversation cases arising from the misuse of lawmakers’ pork barrel.

The 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 February 5, ruled 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 Second Division 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 Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) to implement the projects.

The court said: “When he 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.”

“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,” the anti-graft court added.

In addition, the Sandiganbayan found no proof that Plaza received kickbacks or money in connection with the Special Amount Release Orders (SAROs).

The court also dismissed the two counts of direct bribery against Plaza since the prosecution failed to prove he accepted commissions, kickbacks or rebates in consideration of his endorsement or selection of SDPFFI.

“The prosecution failed to prove that the deposits in Plaza’s bank account were sourced from his PDAF allocations or were made as bribes in consideration of the alleged pilfering of said public funds,” the Sandiganbayan added.

It explained, the evidence showed no proof Plaza “actively participated” in the alleged scheme to transfer his PDAF to SDPFFI and MAMFI; neither was there proof the implementation of the projects were committed with evident bad faith, manifest partiality and/or gross inexcusable negligence.

The anti-graft court  also cleared Budget Undersecretary Mario Relampagos and his staff Rosario Nuñez, Lalaine Paule and Marilou Bare; as well as officials of the National Agribusiness Corp. (NABCOR) and National Livelihood Development Corp. (NLDC).

Two private respondents were likewise acquitted in the case.

The anti-graft court ordered the lifting of the Hold Departure Orders issued against the accused and directed the Bureau of Immigration to remove their names from the Hold Departure List in relation to these cases.

The release of their cash bonds subject to usual accounting and auditing procedures was also ordered by the Sandiganbayan. — Maricel Cruz