Official of Napoles-linked NGO gets jail time over 'pork barrel' scam

The Sandiganbayan has found an official of a Janet Lim Napoles-linked non-government organization (NGO) guilty of graft and malversation of public funds over the misuse of P3.5 million worth of “pork barrel” that funded ghost government projects.

The court sentenced Philippine Social Development Foundation, Inc. (PSDFI) president Evelyn de Leon to at least 28 years in prison due to her conviction on two counts of graft and two counts of malversation of public funds.

According to the Sandiganbayan, it was De Leon who prepared and signed all liquidation reports of implemented government projects that turned out to be non-existent. These ghost government projects were funded by the Priority Development Assistance Fund (PDAF), the official name of pork barrel, of Cagayan de Oro Representative Rufus Rodriguez.

“From these liquidation reports, it is de Leon’s name and signature which appears, supported by other documents where her signature likewise  appears. At face value, therefore, prosecution evidence remains unrefuted that it is de Leon who signed and submitted the liquidation reports,” the Sandiganbayan said.

“The reports of disbursement showed no attempt to itemize what were contained in the agricultural 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 same was true with the delivery reports and certificates of acceptance. The lists of beneficiaries likewise did not indicate what items the beneficiaries received,” the Sandiganbayan added.

The Sandiganbayan said none of the named beneficiaries who were sent letters of confirmation by the Commission on Audit confirmed receipt of the items purportedly delivered to them, while other named beneficiaries denied having affixed the signatures opposite their names in the list of beneficiaries or having received any grant from Rodriguez or PSDFI.

“The chairpersons of the barangays where the beneficiaries supposedly resided also denied having received anything from Cong. Rodriguez or PSDFI,” the court said.

The anti-graft court then cited that prosecution witness Benhur Luy also testified that:

• the names of the beneficiaries were merely copied from their records in the office of Janet Lim Napoles (JLN) Corp.,
• the signatures next to the names were affixed by employees of JLN Corp. and not by the persons named therein
• no livelihood project was implemented by  PSDFI
• himself and De Leon, among others, prepared the liquidation documents

 The Sandiganbayan said De Leon argued that her signatures on liquidation documents were forged, but did not contest Luy’s testimony on her involvement in forging the documents to make it appear that the beneficiaries were legitimate.

“Lending credence to Luy’s testimony that both Ortiz and de Leon were  part of the hub in the PDAF scheme, it was clearly established that de Leon  performed her part which she has not denied,” the Sandiganbayan said.

Antonio Ortiz, who remains at large, is the then chief of the state-run Technology Resource Center and De Leon’s co-accused in the two counts of graft and two counts of malversation charges.

“Thus, 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 PSDFLs own benefit. Through their  concerted acts, the aggregate amount of P3.5 million was misappropriated from the government when no project  implementation was fully liquidated as to its intended purpose. De Leon, through her fraudulent and malicious acts on behalf of PSDFI, is criminally  liable therefore," the Sandiganbayan said.

“She unfortunately squandered her opportunity to clear her name, opting not to present evidence in her defense,” it added.

Aside from the jail time of at least 28 years, the Sandiganbayan also fined De Leon with P3.5 million or the equivalent of the amount malversed. —KBK, GMA Integrated News