Metro Manila (CNN Philippines, October 27) — The Sandiganbayan Special Second Division has convicted businesswoman Janet Lim Napoles in another three counts of graft and three counts of malversation of public funds, adding at least 138 years to her growing prison sentence.
The anti-graft court handed the ruling on Friday in cases linked to the ₱35-million Priority Development Assistance Fund (PDAF), or pork barrel, of former Ilocos Sur Rep. Salacnib Figueras Baterina.
Napoles was earlier convicted in other graft and malversation cases among a string of charges in connection with the pork barrel scam. Under the scheme, public funds were diverted to bogus non-government organizations (NGOs) created by the businesswoman.
In a 64-page decision, the court found Napoles, along with Belina Agbayani Concepcion and Godofredo Roque, guilty of two counts of graft as well as two counts of malversation.
They were ordered to return ₱25 million to the National Treasury, as well as pay the same amount as fine.
A total of ₱25 million from Baterina’s pork barrel was illegally disbursed to Kaagapay Magpakailanman Foundation, Inc., controlled by Napoles and Roque, in February 2007.
The court also found Napoles, Maria Rosalinda Masongsong Lacsamana, and Evelyn Ditchon De Leon guilty of graft and malversation, and told them to return ₱10 million to government coffers and pay the same amount as fine.
The ₱10 million in public funds was released to Philippine Social Development Foundation, Inc., operated by Napoles and this time with De Leon, in January 2007.
Baterina was acquitted of the same charges and of direct bribery in another case. He, however, was ordered to join in compensating the government a total of ₱35 million.
The former lawmaker claimed that his signatures on the PDAF documents were forged and that the documents were falsified.
The Sandiganbayan ruled that there were “significant differences” when it examined known signatures on record and the questioned signatures.
The court also said the forged signatures were “further bolstered” when prosecution witness Benhur Luy and Napoles’ bookkeeper in JLN Corp. admitted that they forged signatures and falsified documents of NGOs. It added that it noted irregularities in the notarization of the memorandum of agreements.
“Given these premises, there is no evidence to sufficiently prove that accused Baterina had any participation in the conspiracy to commit the crimes charged herein,” the Sandiganbayan said.
“[T]he acquittal of Baterina does not prevent a judgment from still being rendered against him on the civil aspect of the criminal cases,” the court also said. “He should therefore be held civilly liable.”
Each count of malversation carries a punishment of reclusion perpetua with a prison term of 20 to 40 years. For each count of graft, Napoles and others face imprisonment of six years and one month up to 10 years.
Concepcion and Lacsamana were former officials of the Techonology and Livelihod Resource Center, a now-abolished government body.
Associate Justice Edgardo Caldona penned the decision while Associate Justice Oscar Herrera Jr. wrote a separate dissenting and concurring opinion. Three other associate justices signed the ruling.
The PDAF scam came into light in July 2013.
On Oct. 20, the Sandiganbayan also sentenced the businesswoman to at least six decades in jail after being found guilty in four counts of graft and four counts of malversation involving the P20.9 million in the pork barrel of former South Cotabato Rep. Arthur Pingoy Jr.
