Former lawmaker Rodolfo Plaza also absolved over disbursement of his PDAF funds

MANILA — In separate rulings, the Sandiganbayan and the Office of the Ombudsman dismissed separate cases against “pork barrel queen” Janet Lim Napoles over the use of Priority Development Assistance Funds (PDAF) in agricultural projects in the Caraga region.

In a resolution dated October 27, 2023, the Sandiganbayan Fourth Division granted Napoles’ motion to dismiss the graft and malversation charges against her and 6 other accused on the ground of violation of their right to a speedy disposition of cases.

The cases were in connection with alleged irregularities in the procurement of fertilizers for a project in Del Carmen, Surigao del Norte.

Napoles, along with then-Department of Agriculture (DA) Regional XIII assistant regional director Edgardo Dahino, then-chief administrative officer Jessica Da-an, then-administrative officer Merylinda Santos, and then-accountant Gerry Leop, were accused of conspiring to release P5 million to the NGO Philippine Social Development Foundation, Inc. (PSDFI) without the necessary appropriation.

Also charged were Evelyn De Leon and Rodel Pontillas from PSDFI for allegedly making it appear that the NGO used the funds to acquire fertilizers even if no fertilizers were in fact distributed.

The former DA officials moved to quash the information while Napoles and De Leon filed a motion to dismiss citing inordinate delay.

They argued the complaint was filed with the Office of the Ombudsman on February 10, 2017. The Office of the Ombudsman found probable cause to file the cases against the accused on May 22, 2018, eventually denying the motion for reconsideration on December 12, 2018.

But it was only on May 18, 2023 when the information or criminal charges were filed before the Sandiganbayan.

In granting the motions of all the accused, the Sandiganbayan took note of the length of time it took to file the charges.

“Notably, the Information was only filed before the Sandiganbayan after four (4) years and five (5) months from the approval by the Ombudsman of the Joint Order denying their Motion for Reconsideration. The delay in this case is vexatious, capricious, and oppressive due to the complete absence of any reasonable explanation by the prosecution to justify the delay. The unreasonable delay in the filing of the Information cannot also be attributed to the ordinary process of justice,” the anti-graft court said.

“Given the unjustified passage of a long time in the filing of the Information, their right to speedy disposition of their cases was violated. Consequently, the complaint filed against them should be abated and dismissed,” it added.

The ruling was penned by Sandiganbayan Associate Justice Michael Frederick Musngi, chairperson of the Fourth Division. Associate Justice Lorifel Pahimna concurred in the ruling while Associate Justice Bayani Jacinto concurred in the result.

The hold departure orders against Napoles and the other accused were also ordered lifted, except for Pontillas who remains at large. The cases against him were ordered archived.

OMBUDSMAN

Meanwhile, the Office of the Ombudsman dismissed multiple criminal raps against Napoles and 13 other respondents over the release of PDAF funds of former Agusan del Sur congressman Rodolfo Plaza to the DA Office of the Secretary from 2004 to 2008, the National Agribusiness Corporation (NABCOR) in 2008, and the National Livelihood Development Corp. (NLDC) in 2010.

The DA Office of the Secretary transferred a total of P37.9 million to DA Region XIII while the total amount that went to NLDC was P29 million. The agencies then allegedly disbursed the amounts to different NGOs to implement supposedly non-existent projects.

Named as respondents with Napoles were:

• Rodolfo Plaza, former congressman of Agusan del Sur

• Jessica Da-an, chief administrative officer, DA Region XIII

• Gerry Leop, accountant III, DA Region XIII

• Gondelina Amata, former president, NLDC

• Emmanuel Alexis Sevidal, former director IV and group manager, NLDC

• Sofia Cruz, former project development officer IV, NLDC

• Gregoria Buenaventura, former division chief III, NLDC

• Mario Relampagos, former undersecretary, DBM

• Rosario Nuñez, chief budget and management specialist, DBM

• Lalaine Paule, administrative assistant VI, DBM

• Marilou Bare, administrative officer V, DBM

• Alan Javellana, former president, NABCOR

• Evelyn De Leon, president, Philippine Social Development Foundation (PSDF)

They were accused of direct bribery, corruption of public officials, malversation of public funds or property, falsification, violation of PD 46 which prohibits government officials and employees from receiving gifts and graft under section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019).

But the Ombudsman dismissed the raps against all the accused “for insufficiency of evidence.”

It found no basis to indict Plaza for graft despite being the lawmaker whose funds were disbursed because he “had no hand in the disbursement and utilization of the subject funds.”

The Ombudsman also found that there is insufficient evidence that Plaza and several DA and NLDC officials “acted with evident bad faith, manifest partiality or, at the very least, gross inexcusable negligence…” when they released the funds.

Instead, it named 3 government officials responsible for accrediting and transferring of funds to NGOs PSDF and People’s Organization for Progress and Development Foundation, Inc. (POPDFI), but who were not impleaded in the complaint.

Similarly, it found not liable Amata, the president of NLDC, who approved the release of funds to another NGO, Masaganang Ani para sa Magsasaki Foundation, Inc. (MAMFI), despite the president of the NGO claiming the projects were “non-existent.”

The approval of the payments, the Ombudsman said, was according to the schedule of payments under the memorandum of agreement.

Two other NLDC officials who signed the disbursement vouchers were also absolved.

“Apart from these signatures, there must be other overt acts showing that they participated in the conspiracy to give unwarranted benefit, advantage or preference to MAMFI, and to cause damage and injury to the government. And in the absence of any knowledge on their part as to any irregularity surrounding the transactions, their acts are presumed to be made in good faith and in the regular discharge of their functions and duties,” it said.

And despite the testimonies of her former employees, Napoles was also held not liable for graft by the Ombudsman because it found lacking the evidence to prove that she overpriced the agricultural inputs in the projects with PSDF and POPDFI, while there was not enough proof she had control over NDLC and MAMFI since she did not sign any document.

“Granting that Napoles is the real owner of MAMFI, there is neither allegation nor evidence that the subject PDAF allocations were eventually delivered to, and actually received by, Napoles,” the resolution said.

De Leon, the president of an NGO, was also absolved of graft because her alleged participation in supposedly defrauding the government was not clearly established.

Javellana, on the other hand, was absolved of all the complaints because the Mindanao Peace Development Fund (MPDF) and special allotment release orders (SAROs) were not submitted.

• Napoles, lawmaker acquitted of plunder but convicted for other crimes
• Napoles acquitted in 16 graft cases, guilty in another set of PDAF cases

“The public funds — among which are those allegedly transferred to NABCOR cannot be sufficiently established. Hence, as regards the PDAF allocations released to NABCOR, there is insufficient evidence to hold Javellana responsible for all the charges arising from these sources,” the Ombudsman said.

The malversation of public funds complaint was dismissed because the Ombudsman said there was no evidence that the funds were criminally misappropriated, embezzled or taken away for personal use while the complaints for direct bribery, corruption and violation of PD 46 were also junked because the only evidence presented were testimonies of Napoles’ former employees.

Witness Benhur Loy’s record of kickbacks and commissions allegedly given by Napoles to government officials was not submitted without explanation, according to the Ombudsman.

As to falsification, the resolution said, at the time the memorandums of agreement were executed, there were no falsehoods yet since these contained undertakings and not false statements, and while the witnesses claimed they falsified documents upon Napoles’ instructions, “the pieces of evidence presented are not sufficient to prove such claim.”

The resolution, prepared by graft investigation and prosecution officer Leilani Tagulao-Marquez, was dated November 15, 2022 but was approved by Ombudsman Samuel Martires only on June 7, 2023.

The two cases are the latest in a string of acquittals of Napoles, although she was also recently convicted of multiple counts of graft and malversation in connection with PDAF funds.

• Napoles found guilty, lawmaker acquitted in P20 million PDAF case
• Janet Lim Napoles gets 138-150 years for graft, malversation conviction over PDAF