Sandigan convicts president of Napoles-linked bogus NGO for graft, malversation
The Sandiganbayan has found guilty of graft and malversation the president of one of the bogus nongovernment organizations (NGOs) linked to businesswoman Janet Napoles in the scheme to funnel lawmakers’ pork barrel funds to ghost projects more than a decade ago.
The Seventh Division of the antigraft court, in a decision promulgated on Oct. 9, convicted Evelyn De Leon, the president of the Philippine Social Development Foundation, Inc. (PSDFI), of two counts of graft and two counts of malversation of public funds. De Leon conspire with former Technology Resource Center (TRC) director general Antonio Ortiz to misalign P3.5 million from the Priority Development Assistance Fund (PDAF) of Cagayan de Oro Rep. Rufus Rodriguez meant for livelihood programs.
For her conviction, De Leon was sentenced to six to eight years of prison for each graft count and an additional eight to 11 years and six months of prison term for each count of malversation.
Ortiz, De Leon’s sole coaccused in the case, is still hiding and has not been served an arrest warrant.
Conspiracy
In its verdict, the Sandiganbayan noted that its lack of jurisdiction over Ortiz, who has yet to surface, does “not derail it from rendering judgment on De Leon on the basis of said conspiracy.”
Both were accused of using PDAF money to buy 85 agricultural starter sets, as shown in two special allotment release orders (Saro), for a ghost livelihood project. The first Saro released in 2007 was worth P1.5 million for the purchase of 35 sets, while the second Saro released in 2008 was worth P2 million for the acquisition of 50 sets.
“The reports of disbursement showed no attempt to itemize what were contained in the starter sets; no attempt to indicate the purchase price that somehow added up to P33,265 per set; no attempt to identify the supplier,” the antigraft court said in its 35-page decision.
The court noted that “compelling” evidence raised by the prosecution was the two memoranda of the agreement signed by Ortiz and De Leon for TRC as the implementing agency and for PSDFI as the project partner.
“The project implementation, however, was never done, as the projects were nonexistent,” it stressed.
It was confirmed by the Commission on Audit (COA) that some of the individuals listed on the beneficiary list denied receiving any aid or grant from PSDFI or Rodriguez, whose PDAF was supposed to have funded the project.
Luy’s testimony
The court also pointed to the testimony of Benhur Luy, Napoles’ second cousin and finance officer, who revealed that the names of beneficiaries “were merely copied from their records in the office of JLN Corp.”
“(Luy) avowed that no livelihood project was implemented by PSDFI, and that he and De Leon, among others, prepared the liquidation documents,” it said.
The court also noted that De Leon, despite “the weight of the documentary exhibits against her,” did not deny her supposed role in the scheme.
De Leon “unfortunately squandered her opportunity to clear her name” after she chose to waive her right to present evidence, the court said.
“It was established that not a smidgen of the total amount of P3.5 million under the two Saros made its way to any legitimate government project, as intended,” it ruled.
It added, “PSDFI, acting through its president De Leon, was allowed by Ortiz, through the disbursement vouchers to take and misappropriate funds under his watch and to use them for PSDFI’s own benefit.”
The ruling came nearly a week after the Sandiganbayan Third Division acquitted Juan Ponce Enrile, former senator and now chief legal counsel of
President Marcos, of plunder for the prosecution’s failure to establish his guilt beyond reasonable doubt.
Also cleared were Napoles and Enrile’s former chief of staff Jessica Lucila “Gigi” Reyes.
Read: Napoles, 4 others found guilty in pork scam; ex-lawmaker cleared
