Jinggoy Estrada acquitted of plunder, convicted of bribery

MANILA – The Sandiganbayan on Friday acquitted Senator Jinggoy Estrada and businesswoman Janet Lim-Napoles of plunder charges in connection with the so-called pork barrel scam on account of reasonable doubt.

In its 396-page decision, the anti-graft court's Fifth Division however convicted Estrada of bribery charges arising from the transfer of Estrada's Priority Development Assistance Fund (PDAF) or pork barrel to bogus non-government organizations owned by Napoles.

Estrada was found guilty of one count of direct bribery and sentenced to eight to nine years imprisonment.

He was also found guilty of two counts of indirect bribery and sentenced to two to three years imprisonment for each count.

Estrada was also suspended from holding public office and temporarily disqualified from exercising the right to vote, as well as asked to pay a P3 million fine.

In a radio interview, Estrada's lawyer, Atty. Alexis Abastillas-Suarez, said the acquittal on plunder is "a very big victory."

On the bribery charges, she said they still have to read the decision to determine the basis of the court in convicting Estrada.

"Bribery is not part of the information on the crime of plunder. Babasahin muna namin ang desisyon ng court (We still have to read the court's decision)," she said.

Suarez also maintained that the decision is not yet final and executory.

"We still have legal remedies to file. So, he (Estrada) can still hold office," she said.

On the other hand, the court found Napoles guilty of five counts of corruption of a public official by direct bribery and sentenced to up to 10 years imprisonment for each count as well as a fine of P29.63 million.

She was likewise found guilty of two counts of corruption of public officials by indirect bribery and sentenced to up to ten years for each count.

She was likewise ordered to indemnify the government P262.03 million with interest in civil liability.

Napoles was found liable for five counts of corruption for giving bribe money to Estrada amounting to P1 million on September 18,2008 and for transactions coursed through his former deputy chief of staff, Pauline Therese C. Labayen, with the aggregate amount of P8.87 million paid on four different dates.

The indirect bribery involved P1.5 million initially received by Estrada through an intermediary which he returned.

The charges involved transactions between 2004 and 2012 between the accused involving kickbacks and commissions representing a percentage of the cost of a project to be funded from Estrada's PDAF in consideration of endorsement of NGOs controlled by Napoles, like the Masaganang Ani Para sa Magsasaka Foundation Inc. (MAMFI) and the Social Development Program for Farmers Foundation (SDPFFI), which became the recipients and implementors of the ghost or fictitious projects supposedly in several areas throughout the Philippines.

"Estrada's acts, from requesting the release of his PDAF allocations to the execution of letters of endorsement and memoranda of agreement, are all related to the exercise of his functions as a public official. Being a senator who is allocated with PDAF, he exercised full control over the release thereof and had the sole discretion as to the livelihood project that would be funded by it. His endorsements of Napoles' NGOs to implement projects funded by his PDAF could not have materialized if not for the public office he held," the court said.

"A public officer commits an offense in relation to his office if he perpetrates the offense while performing, though in an improper or irregular manner, his official functions and cannot commit the offense without holding his public office," it added.

The court in its ruling also ordered alias warrants against missing co-accused John Raymund De Asis, an aide of Napoles, and Labayen who remain at large with the cases against them archived subject to reinstatement once they are caught. (PNA)