Sandiganbayan clears Napoles, Plaza in P27.5-M malversation, graft raps

The Sandiganbayan has cleared businesswoman Janet Napoles, former Agusan del Sur lawmaker Rodolfo “Ompong” Plaza, and at least eight others over multiple malversation and graft raps in the alleged misuse of P27.5 million Priority Development Assistance Fund (PDAF).

In its 234-page decision, the anti-graft court found Napoles, Plaza, and others "not guilty" because the release of Plaza’s PDAF to non-government organizations (NGOs) Social Development Program for Farmers Foundation Inc. (SDPFFI) and Masaganang Ani Para sa Magsasaka Foundation, Inc. (MAMFI) were "valid government releases."

“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 Sandiganbayan said.

"Neither is there proof that they received any kickback or money in connection with the subject Special Allotment Release Order (SAROs),” added the Sandiganbayan.

“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 Sandiganbayan ruled.

Direct bribery

The Sandiganbayan also dismissed the two counts of direct bribery cases against Plaza due to the prosecution’s failure to prove that Plaza accepted commissions, kickbacks or rebates in consideration of his endorsement or selection of SDPFFI as an NGO partner.

“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,” the Sandiganbayan said.

“Despite efforts, 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,” it added.

The Sandiganbayan has also ordered the release of cash bonds posted by the accused cleared of the said cases, subject to the usual accounting and auditing procedures.

Further, the anti-graft court ordered the lifting of the Hold Departure Orders (HDOs) issued against the erstwhile accused and directed the Immigration bureau to remove their names in the Hold Departure List in so far as these cases are concerned. —VAL/RSJ, GMA Integrated News