MANILA — Former Department of Agrarian Reform (DAR) undersecretary Jerry Pacturan and businesswoman Janet Lim Napoles were convicted by the Sandiganbayan for diverting P50 million in government funds intended for farm input assistance, with the anti-graft court ordering them to return the full amount to the National Treasury and imposing multiple prison terms for malversation.
In a decision promulgated Friday, the Sandiganbayan’s Sixth Division found Pacturan guilty on 10 counts of malversation, sentencing him to prison terms ranging from 14 years, eight months and one day to 19 years and one day for each count.
The court also imposed the accessory penalty of perpetual disqualification from holding public office.
Napoles was likewise convicted on 10 counts of malversation for her role in the diversion of the agricultural assistance funds.
The court ordered Pacturan and Napoles to jointly reimburse P50 million to the National Treasury.
However, Pacturan was acquitted of separate graft charges after the Sandiganbayan ruled that prosecutors failed to prove his guilt beyond reasonable doubt. He was also given five days to post a surety bond to remain on provisional liberty while pursuing post-conviction remedies.
The case involved allegations that DAR funds intended to provide farm input assistance were diverted through 10 non-government organizations (NGOs) linked to Napoles by making it appear that 10 local government units (LGUs) in Luzon had requested the projects.
Each LGU was supposedly allocated P5 million for the procurement of farm inputs.
During the trial, prosecutors presented eight incumbent and former mayors from Pangasinan, Bulacan, Quezon and Batangas, among other provinces, who testified that the signatures appearing on project documents were forged and that their local governments had never requested the assistance.
The prosecution also established that Pacturan signed the memoranda of agreement between the DAR and the NGOs, facilitating the release of the government funds.
Among the organizations involved was the Philippine Social Development Foundation Inc., formerly headed by co-accused Evelyn de Leon.
De Leon was convicted of three counts each of graft and malversation. She was sentenced to 10 to 12 years’ imprisonment for each graft conviction and 14 years, eight months and one day to 19 years, one month and 11 days for each malversation conviction. She was also ordered to reimburse P15 million to the government.
The Philippine Social Development Foundation Inc. had previously been identified in the pork barrel scam.
Pacturan and De Leon attended the promulgation in person, while Napoles participated through video conference./PN
