Ex-Davao del Norte congressman Olaño, Napoles found guilty over PDAF scam

The Sandiganbayan has found former Davao del Norte lawmaker Arrel Olaño, Janet Lim-Napoles, and several others guilty of graft and malversation of public funds in connection with the multi-billion peso pork barrel scam.

In a ruling, the Sandiganbayan Second Division stated that Olaño, Napoles, former Technology Resource Center (TRC) group manager Maria Rosalinda Lacsamana, Countrywide Agri and Rural Economic Development Foundation, Inc. (CARED) president Mylene Encarnacion, and Philippine Social Development Foundation, Inc. (PSDFI) chief Evelyn De Leon, violated Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.

Olaño was indicted for allocating more than P7 million of his Priority Development Assistance Fund (PDAF), or pork barrel, for 2007 to CARED and PSDFI, fake non-government organizations that are linked to Napoles, the supposed mastermind of the pork barrel scam.

The Sandiganbayan said the TRC released P1.890 million and P5.830 million to CARED and PSDFI, respectively.

''The NGOs however did not actually conduct any regular business activity but were only utilized as conduits for the transfer of public funds that ended up being divided as commissions and/or kickbacks among accused Olaño, Napoles, and TRC officials," the the decision, written by Associate Justice Edgardo Caldona, read.

''There was no actual implementation of government projects. There were some instances of under-delivery of goods, but essentially, these were 'ghost ' or non-existent projects. The liquidation of public funds was therefore made up,'' it added.

The anti-graft court also said that Olaño personally or through an agent received commissions or kickbacks from Napoles.

The accused individuals were also found guilty of malversation of public funds, which is a violation under Article 217 of the Revised Penal Code.

Olaño was found guilty of direct bribery for receiving P3.175 million from Napoles in exchange for choosing the non-existent NGOs, CARED and PSDFI, to implement three livelihood projects in the first district of Davao del Norte.

According to the Office of the Ombudsman’s Office of the Special Prosecutor (OSP), the Department of Budget and Management and the TRC processed the allocation and disbursement of the funds to CARED and PSDFI without first verifying if these NGOs were accredited and qualified to carry out the projects.

In his defense, Olaño claimed that his signatures on PDAF documents were forged and denied that he endorsed CARED and PSDFI as well as received kickbacks from Napoles.

However, the anti-graft court stressed that the body of evidence reveals the scheme employed in the disbursement and utilization of Olaño's PDAF.

The summary of penalties is as follows:

• Olaño, Lacsamana, Napoles, and Encarnacion - found guilty of violating Section 3(e) of RA 3019, sentenced to up to 10 years in prison, ordered to return P1.890 million to the government
• Olaño, Lacsamana, Napoles, and De Leon - found guilty of violating Section 3(e) of RA 3019, sentenced to up to 10 years in prison, ordered to return P3.830 million to the government
• Olaño, Lacsamana, Napoles, and De Leon - found guilty of violating Section 3(e) of RA 3019, sentenced to up to 10 years in prison, ordered to return P2 million to the government
• Olaño, Lacsamana, Napoles, and Encarnacion - found guilty of malversation of public funds under Article 217 of the Revised Penal Code, sentenced to up to 12 years in prison, ordered to pay a fine of P1.890 million
• Olaño, Lacsamana, Napoles, and De Leon - found guilty of malversation of public funds under Article 217 of the Revised Penal Code, sentenced to up to 12 years in prison, ordered to pay a fine of P3.830 million
• Olaño, Lacsamana, Napoles, and De Leon - found guilty of malversation of public funds under Article 217 of the Revised Penal Code, sentenced to up to 12 years in prison, ordered to pay a fine of P2 million
• Olaño - found guilty of direct bribery under Article 210 of the Revised Penal Code, sentenced to up to nine years in prison, and pay a fine of P9.525 million

The court also ruled to disqualify them from holding public office.

Meanwhile, the Sandiganbayan acquitted the following individuals for failure of the prosecution to prove their guilt beyond reasonable doubt:

• Mario Relampagos
• Rosario Nuñez
• Marilou Bare
• Lalaine Paule
• Dennis Cunanan
• Francisco Figura
• Marivic Jover
• Maurine Dimaranan
• Consuelo Espiritu

The cases against Antonio Ortiz have been archived, but they will be revived ''upon his arrest or voluntary surrender,'' the Sandiganbayan said.

Associate Justices Oscar Herrera Jr. and Arthur Malabaguio concurred in the decision.  —VBL, GMA Integrated News