Sandiganbayan clears Napoles, ex-solon Plaza in P27.5-M malversation, graft case | ABS-CBN
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Sandiganbayan clears Napoles, ex-solon Plaza in P27.5-M malversation, graft case
Sandiganbayan clears Napoles, ex-solon Plaza in P27.5-M malversation, graft case
Security escorts Janet Napoles after her court hearing at the Sandigan Bayan on June 22, 2017. Napoles was subpoenaed with former Sen. Bong Revilla on the plunder case on the pork barrel scam. Jonathan Cellona, ABS-CBN News/File
Security escorts Janet Napoles after her court hearing at the Sandigan Bayan on June 22, 2017. Napoles was subpoenaed with former Sen. Bong Revilla on the plunder case on the pork barrel scam. Jonathan Cellona, ABS-CBN News/FileMANILA — The Sandiganbayan has acquitted "pork barrel queen" Janet Napoles, former Agusan del Sur Rep. Rodolfo Plaza, and several others of graft and malversation in connection with the supposed misuse of P27.5 million worth of Priority Development Assistance Fund (PDAF).
MANILA — The Sandiganbayan has acquitted "pork barrel queen" Janet Napoles, former Agusan del Sur Rep. Rodolfo Plaza, and several others of graft and malversation in connection with the supposed misuse of P27.5 million worth of Priority Development Assistance Fund (PDAF).
Napoles, allegedly the mastermind in the scams, has previous graft convictions.
Napoles, allegedly the mastermind in the scams, has previous graft convictions.
The cases stemmed from the allegedly anomalous agricultural projects endorsed by Plaza to the Social Development Program for Farmers Foundation Inc. and implemented using Plaza's PDAF in 2008 and 2009.
The cases stemmed from the allegedly anomalous agricultural projects endorsed by Plaza to the Social Development Program for Farmers Foundation Inc. and implemented using Plaza's PDAF in 2008 and 2009.
PDAF has since been ruled unconstitutional, with the Supreme Court saying it allowed the allocation of funds after passage of the General Appropriations Act, or national budget.
PDAF has since been ruled unconstitutional, with the Supreme Court saying it allowed the allocation of funds after passage of the General Appropriations Act, or national budget.
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In a 234-page decision promulgated on February 5, the Second Division said the prosecutors failed to prove beyond reasonable doubt that Plaza, Napoles, and their co-accused misallocated the funds.
In a 234-page decision promulgated on February 5, the Second Division said the prosecutors failed to prove beyond reasonable doubt that Plaza, Napoles, and their co-accused misallocated 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.
“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.
Napoles and Plaza were each cleared of five counts of violation of the Anti-Graft and Corrupt Practices Act and five counts of malversation of pubic funds under Article 217 of the Revised Penal Code.
Napoles and Plaza were each cleared of five counts of violation of the Anti-Graft and Corrupt Practices Act and five counts of malversation of pubic funds under Article 217 of the Revised Penal Code.
The Sandiganbayan said the 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 Sandiganbayan said the 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.
Plaza's PDAF was released to the Social Development Program for Farmers Foundation Inc. (SDPFFI) and Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) to implement the projects.
Plaza's PDAF was released to the Social Development Program for Farmers Foundation Inc. (SDPFFI) and Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) to implement the projects.
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"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," it 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," it said.
"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.
"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.
NO PROOF OF KICKBACKS
The Second Division likewise said there is no proof that the accused received kickbacks or money in connection with the subjection Special Amount Release Orders (SAROs).
The Second Division likewise said there is no proof that the accused received kickbacks or money in connection with the subjection Special Amount Release Orders (SAROs).
The Sandiganbayan 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 Sandiganbayan 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.
"There is no unilateral endorsement to speak of and there is no proof of actual receipt of commissions, kickbacks and rebates to validate the contention of the prosecution that Plaza committed direct bribery," it said.
"There is no unilateral endorsement to speak of and there is no proof of actual receipt of commissions, kickbacks and rebates to validate the contention of the prosecution that Plaza committed direct bribery," it said.
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"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.
"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.
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 Second Division 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).
The Second Division 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.
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 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.
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The Sandiganbayan also directed the release of their cash bonds subject to usual accounting and auditing procedures.
The Sandiganbayan also directed the release of their cash bonds subject to usual accounting and auditing procedures.
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