The Sandiganbayan has acquitted former Masbate governor and representative Rizalina Seachon-Lanete, her chief of staff Jose Rosalinda Sumalpong, and businesswoman Janet Lim Napoles of plunder in connection with the alleged misuse of Lanete’s P112.29 million Priority Development Assistance Fund (PDAF) from 2007 to 2009.
In a 276-page ruling, the anti-graft court’s Fourth Division cleared the three of plunder ‘based on reasonable doubt.’
The Sandiganbayan said that a plunder conviction requires proof that the accused personally amassed at least P50 million in ill-gotten wealth, as required by the Plunder Law.
Applying this to Lanete’s case, the court explained that the charges against her ‘cannot prosper’ since ‘the evidence failed to show with certainty that she amassed at least P50 million in ill-gotten wealth.’
It also noted that Lanete’s signing of endorsement letters and memoranda was not proven to have been done with corrupt intent or gross negligence. The signatures of two others and their involvement in the process were likewise insufficient to prove their part in the alleged misuse of PDAF.
However, Napoles was ordered to indemnify the government for P107.34 million, with 6 percent annual interest, as civil liability.
The Sandiganbayan explained that acquitted persons may still be held civilly liable under certain conditions if the acquittal is based on reasonable doubt, as civil liability only requires a ‘preponderance of evidence.’
Preponderance of evidence is defined as the ‘weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term ‘greater weight of the evidence’ or ‘greater weight of the credible evidence.’ It is evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto.’
In this case, the anti-graft court said that while Napoles was acquitted of plunder, the prosecution was still able to prove by preponderance of evidence that public funds from PDAF were channeled to her non-governmental organizations, which implemented projects that ‘turned out to be fictitious or ghost projects.’
Furthermore, Napoles was convicted of seven out of 11 counts of graft; former Technology Resource Center (TRC) deputy director-general Dennis Cunanan of five counts; former TRC group manager Evelyn De Leon of four counts; former TRC asset management division chief Gregoria Buenaventura and former National Livelihood Development Corp. president Gondelina Amata of two counts each; and Mylene Encarnacion of the Countrywide Agri and Rural Economic Development Foundation Inc. of one count.
According to the Sandiganbayan, each count carries a penalty of imprisonment ranging from six years and one month to eight years, with perpetual disqualification from holding public office.
On the other hand, the graft cases against Eulogio Rodriguez, Emmanuel Alexis Sevidal, and Romulo Relevo were dismissed due to their deaths, while the cases against John Raymond de Asis, Antonio Ortiz, Alan Javellana, and Ma. Julie Villaralvo-Johnson were archived, subject to revival upon their arrest.
With this, the bonds of the respondents were ordered released, and their hold departure orders were lifted.