Muntinlupa Mayor Ruffy Biazon and businesswoman Janet Napoles have been found guilty of graft but not malversation of funds by the Sandiganbayan over their alleged involvement in the multibillion-peso pork barrel scam.
MANILA, Philippines – Muntinlupa Mayor Ruffy Biazon and businesswoman Janet Napoles have been found guilty of graft but not malversation of funds by the Sandiganbayan over their alleged involvement in the pork barrel scam in 2007.
In a decision on Friday, the Sandiganbayan’s Special Seventh Division found Biazon, Napoles, and three others guilty of violating Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, after the prosecution was able to prove the presence of all three elements of graft.
The three others convicted of graft were Technology Resource Center (TRC) director general Dennis Cunanan, former legislative liaison officer Maria Rosalinda Lacsmana, and Evelyn de Leon of the Philippine Development Foundation, Inc. (PSDFI).
With the conviction, Biazon, Napoles, and three other co-accused are sentenced to a minimum of six years and one month and a maximum period of eight years. They are also disqualified from holding any public office.
Biazon was charged with channeling part of his Priority Development Assistance Funds (PDAF) as a former Muntinlupa representative to the PSDFI.
PSDFI is a non-government organization (NGO) operated and controlled by Napoles, which Biazon tapped to implement a livelihood project for barangays in Muntinlupa. The funds allocated to PSDFI from Biazon’s PDAF were said to be worth P3 million.
Biazon, however, was not deemed by the anti-graft court to have civil liability in terms of returning the PDAF funds used for the project, as Napoles and her cohort will be asked to return P2.7 million.
READ: Biazon, four others face malversation, graft raps over pork barrel scam
According to the special division court, Biazon claimed that he only endorsed PSDFI to the TRC, and that his endorsement letter was merely a recommendation. However, the court noted that Biazon’s letter did not seem to be an endorsement, but an instruction from the former lawmaker on how his PDAF should be used.
“During his testimony, Biazon admitted that he endorsed PSDFI to TRC as ‘the lead project implementing agency’ without checking the former’s credentials. However, he claimed that his endorsement letter was merely a recommendation, and that it was up to TRC to accept or reject his endorsement,” the Sandiganbayan said.
“The court does not agree. Biazon’s endorsement of PSDFI as the lead agency in implementing his PDAF project is an instruction, rather than a recommendation, to TRC,” it added. “For Biazon to diminish his endorsement to a mere recommendation goes against the context of the above letter. This letter practically supplanted the role of TRC as implementing agency by selecting PSDFI as ‘lead project implementing agency’, which TRC could only ‘assist and facilitate the processing of documents for the immediate implementation of the project’.”
Also, Sandiganbayan expressed doubts if the projects that PSDFI was tapped for actually materialized. The livelihood program, which was meant to teach residents on bead and fancy jewelry making, was supposedly conducted in January 2008, but nine of the beneficiaries in the list denied being present at the event.
The court noted that Biazon’s defense team presented witnesses who attested to attending the seminar, but the livelihood program was supposedly conducted in March 2008 and in May 2008.
Biazon also said that Benhur Luy, Napoles’ relative and collaborator-turned-state witness, might have entered photos with the wrong date.
“The court is not convinced with accused Biazon’s reasoning. The evidence is unequivocal that PSDFI received the funds sourced from SARO ROCS No. 07-07433. Documentary evidence duly corroborated by bank records insofar as PSDFI’s account is concerned, as well as the testimonies of various witnesses, especially Luy, also established that these funds were not used to conduct any livelihood seminar in Muntinlupa,” Sandiganbayan said.
Biazon also claimed that Luy and other Napoles employees forged his signature on the liquidation documents related to the project. However, Sandiganbayan noted it could not be ascertained that Biazon objected to the forging of his signature.
“The forged signatures in the Accomplishment Report and Report of Disbursement may or may not have been known or consented to by Blazon himself. Either way, he should have anticipated that the project will inevitably be completed and then subjected for liquidation. Biazon could not feign that once his endorsement was made, it was all up to TRC as implementing agency to assist and monitor the implementation of the program by PSDFI as the chosen NGO,” it said.
“Notwithstanding this, Biazon, testified that when they implemented projects during his three terms, there were liquidations and documentation for his accountability, but they were never asked to participate in the liquidation. However, Biazon must take part in the liquidation of his PDAF funds, particularly by approving the same. In fact, only upon Biazon’s signing of the certificate/report that the project had already been fully implemented could the retention amount be released to the NGO,” it added.
Meanwhile, Biazon, Napoles, and 7 others were acquitted of the malversation of public funds charges. The seven other acquitted were Cunanan, Lacsamana, de Leon, former Budget Undersecretary Mario Relampagos, Francis Figura, former group manager of Corporate Support Services; former TRC chief accountant Marivic Jover; and former TRC budget officer IV Consuelo Lilian Espiritu.