MANILA, Philippines — The Sandiganbayan’s Special Third Division has handed down another conviction against Janet Lim-Napoles, widely recognized as the mastermind of the infamous "pork barrel scam." This latest verdict pertains to the misappropriation of P7.55 million from the Priority Development Assistance Fund (PDAF) of former Davao del Sur Representative Marc Douglas Cagas IV.

Alongside Napoles, Dennis Cunanan, former deputy director general of the now-defunct Technology Resource Center (TRC); Maria Rosalinda Lacsamana, former TRC group manager; and Rhodora Mendoza from the dissolved National Agribusiness Corp. were also found guilty.

In a comprehensive 149-page ruling issued on Friday, the Sandiganbayan convicted Napoles on two graft counts and two counts of malversation. Cunanan, Lacsamana, and Mendoza were each convicted on one graft and one malversation charge. Napoles received penalties ranging from 12 to 20 years for graft and 20 to 34 years for malversation. Cunanan and Lacsamana were sentenced to 6 to 10 years for graft and 10 to 14 years for malversation, while Mendoza’s imprisonment ranges from 6 to 10 years for graft and 10 to 18 years for malversation.

The case originated from Cagas’ endorsement and designation of two NGOs, the People’s Organization for Progress and Development Foundation, Inc. (Popdfi), and the Social Development Program for Farmers Foundation, Inc. (Sdpffi), both controlled by Napoles, as project partners to deliver agricultural production packages in his district. Popdfi was allocated P2.7 million, and Sdpffi received P4.85 million from the PDAF.

Prosecutors emphasized that the processing of the PDAF funds enabled Napoles and her co-accused to unlawfully appropriate government money instead of implementing the projects, which were later revealed to be non-existent. They further noted that these NGOs were selected without undergoing the mandatory public bidding procedure.

The court ordered Napoles, Cunanan, and Lacsamana to pay fines equivalent to the malversed amount of P2.7 million for the Popdfi fund and to indemnify the government the same sum with interest. Napoles and Mendoza were also ordered to pay P4.85 million each in fines and indemnification for the Sdpffi funds, including applicable interest.

While the NGOs could have legally implemented PDAF projects, the court underscored the critical necessity of public bidding for the funds allocated to Popdfi. The Sandiganbayan concluded there was clear proof of the involvement of Napoles, Cunanan, Lacsamana, and Mendoza in the scam.

The decision also referenced the General Appropriations Acts of 2007 and 2008, pointing out that no NGO was specifically authorized to implement PDAF projects. Instead, only government entities such as the TRC and Department of Agriculture were permitted to undertake such projects.

Associate Justice Ma. Theresa Dolores Gomez-Estoesta, with concurrence from Associate Justices Zaldy Trespeses and Ronald Moreno, wrote in the ruling: "As a general rule, all procurement shall be done through competitive public bidding. However, when an appropriation law earmarks an amount for projects to be specifically contracted out to NGOs, it is the intent of Congress to give due preference to NGOs. This exception is inapplicable herein since there is neither an appropriation nor an ordinance earmarking the amount of the PDAF for the implementation of the NGOs."

The court further elucidated that the selection of Popdfi and Sdpffi was based solely on the endorsement of accused Cagas, and these NGOs were fully controlled by Napoles, who appointed their officers and had dominant control over their funds and banking transactions.

"Thus, with the foregoing conclusions, accused Napoles acted with evident bad faith and in conspiracy with the accused public officials and employees to defraud the government through non-existent NGOs and projects," the judgment stated.

Evident bad faith was defined as a deliberate intent to cause harm or damage driven by corrupt motives, which the court affirmed was clearly present in this case.

"The circumstances established show beyond reasonable doubt that accused Napoles was spurred by corrupt or ill motive when she conspired with the accused public officials and employees to defraud the government," the ruling concluded.

This marks yet another conviction for Napoles, reinforcing the judiciary’s stance against corruption linked to the PDAF scandal that shook the nation over a decade ago.