Napoles, ex-DAR exec found guilty in P50-M 'ghost' projects case

Businesswoman Janet Lim-Napoles and a former Department of Agrarian Reform (DAR) official, Jerry Pacturan, have been found guilty of malversation and graft by the Sandiganbayan, the anti-graft court. The case involves the misuse of P50 million in public funds intended for agricultural projects in Luzon. The Sixth Division of the Sandiganbayan found Napoles and Pacturan guilty of 10 counts of malversation of public funds through falsification of public documents. Napoles was also convicted of 10 counts of graft, while Pacturan was acquitted of graft charges. The court ordered them to return P50 million to the national treasury. The case, filed by the Ombudsman in 2022, centered on funds allocated under DAR's 2011 budget for farm input assistance to 10 local government units (LGUs) in Luzon. The prosecution alleged that the money was funneled to 10 non-governmental organizations (NGOs) managed by Napoles for the implementation of nonexistent projects. Napoles, 62, has a history of convictions for her involvement in the diversion of congressional pork barrel funds to her NGOs, a scam exposed by The Inquirer in 2013. Pacturan, the former agrarian reform undersecretary for support service, maintained his innocence and stated he would appeal, asserting that he investigated and reported these cases within DAR and the National Bureau of Investigation (NBI). In a 237-page decision, the court stated that Pacturan was convicted for conspiring with Teresita Panlilio, then director for finance and management service, and Rowena Agbayani, then chief accountant, both of the DAR; and with private individuals Napoles, Evelyn de Leon, Ronald John Lim Jr., Eulogio Rodriguez, Simplicio Gumafelix and John Raymund de Asis, to release P5 million each to these NGOs for the implementation of nonexistent projects. The court stated that Pacturan, through negligence, "permitted the NGOs, and ultimately, accused Napoles, to take the DAR’s funds." He was also charged with entering into 10 memoranda of agreement (MOAs) with pertinent municipalities and NGOs without authority to do so and despite the irregularities in the face of the MOAs. The 10 Napoles-managed NGOs involved included Ginintuang Alay sa Magsasaka Foundation Inc., Social Development Program for Farmers Foundation Inc., Gintong Pangkabuhayan Foundation Inc., Karangyaan para sa Magbubukid Foundation Inc., Agri and Economic Program for Farmers Foundation Inc., Kaupdanan Para sa Mangunguma Foundation Inc., Countrywide Agri and Rural Economic Development Foundation Inc., People’s Organization for Progress and Development Foundation Inc., Agrikultura Para sa Magbubukid Foundation Inc. and Masaganang Buhay Foundation Inc. Napoles was specifically charged for ordering Evelyn de Leon and her staff to prepare fabricated letter-requests from municipal mayors and falsifying their signatures as well as the public notaries in the MOAs. De Leon then submitted the documents to DAR to receive the checks and issue official receipts, according to the court. De Leon was convicted with three counts each for graft and malversation. She was sentenced to up to 12 years each for three counts of graft; while her malversation conviction also led to up to more than 19 years each for three counts of malversation. De Leon was acquitted of seven counts each of graft and malversation due to the prosecution’s failure to prove her guilt beyond reasonable doubt. Napoles attended the promulgation via teleconferencing, while Pacturan and De Leon were present in court. Cases against Gumafelix and Rodriguez were dismissed due to their death, while Agbayani, Lim, and De Asis remain at large. Prosecutors stated that the 10 LGUs were supposed to receive P5 million in farm inputs, but witnesses from the LGUs testified that these projects were nonexistent. Eight out of 10 mayors from provinces, including Bulacan, Batangas, Pangasinan, and Quezon, testified in court, saying that their signatures on the letter requests for funding were fake. "They made it appear that the mayors endorsed the corresponding LGUs of Napoles," a member of the prosecution team told reporters on condition of an on-background arrangement. "It turned out these were false because it was denied by the mayors." This conviction underscores the persistent issue of corruption in the Philippines, a challenge that can divert crucial resources away from development and public services, impacting national progress and the welfare of its citizens.