Pork scam: Conviction of Jaraula, Napoles upheld

MANILA, Philippines — The Sandiganbayan has affirmed the conviction of former Cagayan de Oro City congressman Constantino Jaraula and businesswoman Janet Lim-Napoles in connection with the pork barrel scam.

In a 35-page resolution promulgated on May 10 and released yesterday, the anti-graft court’s first division denied for lack of merit the motions of Jaraula and Napoles to reverse their conviction for three counts of graft and three counts of malversation of public funds.

Also denied were the motions for reconsideration of Ma. Rosalinda Lacsamana, group manager of the defunct state firm Technology Resource Center (TRC), and private individual Mylene Encarnacion.

The motion for reconsideration of TRC legislative liaison officer Belina Concepcion was partially granted as the court convicted her only for one count each of graft and malversation.

“It is clear that... Jaraula, Napoles, Encarnacion, Lacsamana and Concepcion had a common design and objective to divert the PDAF (Priority Development Assistance Fund) from its lawful purpose and to their own personal gain and benefit,” the court ruling read.

The first division had earlier sentenced Jaraula, Napoles, Encarnacion, Lacsamana and Concepcion to up to 10 years in prison for each count of graft and up to 18 years for each count of malversation.

The court also ordered their perpetual disqualification from holding public office and their payment to the government of P28.8 million in civil liability, equivalent to the amount of public funds illegally disbursed, aside from a fine of P28.8 million.

Jaraula was solely convicted of three counts of direct bribery. He was sentenced to up to nine years in prison for each count and ordered to pay a fine of P6 million.

Filed by the Office of the Ombudsman in 2015, the cases stemmed from the alleged misuse of Jaraula’s PDAF or pork barrel in 2007 amounting to P28.8 million.

Meanwhile, the court denied the motions of former TRC group manager Francisco Figura, chief accountant Marivic Jover and internal auditor Maurine Dimaraan to be excluded from civil liability over their supposed gross negligence in connection with the misuse of Jaraula’s pork barrel.

The court had earlier acquitted Figura, Jover and Dimaraan in connection with the case.

Filed by the Office of the Ombudsman in 2015, the cases stemmed from the alleged misuse of Jaraula’s Priority Development Assistance Fund or pork barrel in 2007 amounting to P28.8 million.