The Sandiganbayan convicted businesswoman Janet L. Napoles and former Department of Agrarian Reform (DAR) Undersecretary Jerry E. Pacturan over the diversion of P50 million in government funds intended for farm input assistance projects that were never implemented.
In a 237-page decision promulgated on Friday, penned by Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez, the anti-graft court found Ms. Napoles and Mr. Pacturan guilty on 10 counts of malversation through falsification of public documents over the release of P50 million to 10 non-government organizations (NGOs) controlled by Ms. Napoles.
The anti-graft court also found Ms. Napoles guilty on 10 counts of violating the Anti-Graft and Corrupt Practices Act, but acquitted Mr. Pacturan of the graft charges after ruling that the prosecution failed to prove his guilt beyond reasonable doubt.
The court ordered Ms. Napoles and Mr. Pacturan to reimburse P50 million to the National Treasury.
Evelyn D. de Leon, a former staff member of Ms. Napoles and former president of the Philippine Social Development Foundation, Inc. (PSDFI), was convicted on three counts each of malversation and graft, but acquitted on the remaining seven counts after the court found the prosecution failed to prove her guilt beyond reasonable doubt. She was also ordered to reimburse P15 million.
The court found that Mr. Pacturan conspired with former DAR Finance and Management Service Director Teresita M. Panlilio, former Chief Accountant Rowena B. Agbayani and several private individuals, including Ms. Napoles and Ms. De Leon, to facilitate the release of government funds to 10 NGOs controlled by Ms. Napoles for purported farm input projects.
It said Mr. Pacturan executed the 10 memoranda of agreement with the concerned local government units and NGOs without authority and despite apparent irregularities in the agreements.
The court also found that Ms. Napoles directed the preparation of fabricated request letters, falsified the signatures of municipal mayors and notaries public on the documents and memoranda of agreement, and used these to facilitate the release of the funds.
The cases arose from the alleged diversion of P50 million in DAR regular funds earmarked for farm input assistance for 10 local government units in Luzon.
The cases against Simplicio M. Gumafelix and Eulogio B. Rodriguez were dismissed following their deaths, while Ms. Agbayani, Ronald John Lim, Jr. and John Raymund de Asis remain at large. — Mark Joseph M. Sanchez
